1. How much does it cost to register a trademark?
(1) All trademark registration matters must be handled at the China Trademark Office, so if it is inconvenient to handle it yourself, you can entrust an agency to handle it for you. All you need to provide is a copy of your self-employed business license and ID card, as well as a sample of the trademark to be registered.
(2) The official fee for registering a trademark and submitting it to the Trademark Office is 1,000 yuan. Generally, the service fee of an agency is a few hundred to one thousand yuan.
2. Can my trademark be transferred to others?
Trademark transfer is an act in which a trademark registrant transfers the exclusive right to use a trademark to another party in accordance with legal procedures during the validity period of the registered trademark.
After a trademark is transferred, the exclusive right to use the trademark is transferred immediately, so you must be careful when transferring a trademark. When transferring registered trademarks, you should pay attention to the following issues:
Identical or similar trademarks registered on the same or similar goods must be transferred together. This is to avoid product source confusion caused by split transfers. In addition, joint trademarks and defensive trademarks must be transferred together.
Trademarks that have been licensed to others for use may not be transferred at will unless the consent of the licensee is required. This is because the license contract cannot be transferred accordingly, and you cannot apply for transfer registration without canceling the license contract. After the registration is transferred, the transferee can continue to sign a license contract with the original user if he wishes.
The transferee must guarantee the quality of the goods.
When transferring a registered trademark, the transferor and the transferee shall signEnter into a transfer agreement and jointly file an application with the Intellectual Property Office. Transfer registration must be handled by the transferee. After the trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
Co-owned trademarks may not be transferred independently.
3. What to do after trademark infringement?
Trademark If it has been infringed, the party concerned can negotiate with the infringer to resolve the matter. If both parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.
Legal basis: Article 60 of the Trademark Law of the People's Republic of China
With this document If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of the Law causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request a The industrial and commercial administration department shall handle it.
If the administrative department for industry and commerce determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods and counterfeit goods. Tools with registered trademarks, if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed . Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
If the party's trademark has been infringed, he can file a complaint with the Industrial and Commercial Bureau and ask the other party for compensation; the trademark he owns can be transferred, but there are also There are certain regulations, for example, a joint trademark cannot be transferred without the consent of the owner. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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