Just changed the name of the company, how can the trademark be rejected?-Q&A.-Shenzhen deep trust patent Agency Co., LTD

News Updates

NEWS CENTER

Related News

There is currently no data available

Home

Just changed the name of the company, how can the trademark be rejected?

Release Time：

2022-07-01

If the company name or company address has changed, the trademark address should also submit the change application in time!

Many enterprises suffered heavy losses in the trademark withdrawal, not because they did not use the trademark, nor because they did not retain the evidence of trademark use, but because the enterprise did not apply for the change of the trademark certificate when changing the registered address, resulting in the enterprise did not receive the notice of trademark withdrawal at all. If the company name or company address has changed, the trademark address should also submit the change application in time!

From January 1, 2022, the provisions on trademark changes in the latest "Trademark General Illegal Judgment Standards"

The company name was not changed and the new trademark application was rejected

The company name changed, but no trademark change was made, and the new trademark application referenced the trademark application before the change of the company name, and was rejected. Normal own trademark is no longer a conflict, but has not been changed, from the legal point of view, is two different subjects.

If the company changes and the trademark registrant or address is not changed in time, the following effects will occur:

1. Affect trademark transfer and authorization

Regulations for the Implementation of the Trademark Law of the People's Republic of China Article 30 Where the name, address or other registered matters of a trademark registrant are changed, an application for change shall be submitted to the Trademark Office. Where the name of a trademark registrant is changed, a certificate of change issued by the relevant registration authority shall also be submitted. If approved by the Trademark Office, it shall issue the corresponding certificate to the trademark registrant and make a public announcement; If no approval is granted, the applicant shall be notified in writing and the reasons shall be explained.

When enterprises and individuals transfer and authorize trademarks, the Trademark Office will check whether the information of the trademark registration is consistent with the address and name of the business license. If the name and address of the enterprise are found to be inconsistent, the trademark Office will reject the application, and it is necessary to make a change application before the trademark transfer and authorization can be carried out.

2. It is possible that the trademark will be revoked by others

Article 49 (2) of the Trademark Law of the People's Republic of China Where a registered trademark becomes the generic name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any entity or individual may apply to the Trademark Office for cancellation of the registered trademark.

It is not difficult to see from the law: if the registered trademark has ceased to be used for three consecutive years, any individual or unit has the right to apply for the cancellation of the registered trademark. If the Trademark Office receives the application for cancellation of the trademark that has not been used for three years, the Trademark Office will send a notice to the trademark registrant, and the address of the notice is according to the address provided by the trademark registrant. If the enterprise has moved, the notice cannot be received, and the trademark registrant cannot provide evidence of the use of the trademark during the proof period, the Trademark Office will issue a document to cancel the trademark.

3. Settled in shopping malls or online shopping malls will be affected

Generally, when entering the shopping mall or online mall, it is necessary to check the trademark information and the name and address of the business license, and the information is inconsistent, it is not allowed to enter the shopping mall or online mall.

4. When handling business such as pledge, it will affect approval

The trademark name and address are not changed in time, which also affects the approval when handling bidding, banking, trademark pledge and other businesses.

5.Affect the trademark follow-up renewal

The term of use of the trademark is 10 years, after the expiration of the term still need to use the need to apply for renewal, renewal must also be checked on the trademark information, found that the trademark name, address has not been changed, the closer the term of the trademark, the more troublesome the formalities, the longer the time, resulting in the trademark can not be renewed, once the trademark expires, if you want to re-register, It's possible someone already applied early. Penny wise and pound foolish.

What should I pay attention to when changing a trademark?

1. When the trademark is changed, all the trademarks under the registrant's name need to be changed at the same time, otherwise the Trademark Office will issue corrections;

2. If the address and name of the trademark registrant are changed, it can be changed together and submit an application;

3. If the address of the trademark registrant changes several times in the middle, the last address shall prevail and the change shall be made once;

4. Trademark transfer and renewal found inconsistent address, trademark change and transfer or renewal procedures can be handled at the same time.

What materials do you need to change the name/address of a trademark applicant?

1. Copy of business license

2. Application for power of attorney with official seal

3. Certificate of change issued by the registration authority (required for name change)

With the rise of intellectual property rights in recent years, more and more enterprises pay attention to the importance of trademarks, Copyrights, patents, etc. Remind all trademark owners, in addition to changing the address on the business license, the address of the trademark must not forget oh. Some enterprises are too troublesome, do not want to spend money, do not pay attention to, after handling the company address change, ignore the trademark address change operation, but they do not know that they will lose the brand they have operated for many years, and eventually lead to "loss of trademark ownership"!

Expertise sharing

Trademark Law [Article 42]

Where a registered trademark violates the provisions of the second and third paragraphs of Article 13, the first paragraph of Article 15, the first paragraph of article 16, Articles 30, 31 or 32 of this Law, the prior right holder or an interested party may, within five years from the date of registration of the trademark, request the Trademark Review and Adjudication Board to declare the registered trademark invalid. If registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

Source: Trademark Circle

More intellectual property related issues, welcome your scan code consultation! Have questions must answer yo ~ Deep credible is willing to use professional and focus, to provide you with high-quality and efficient intellectual property agency services!

咨询微信.jpg

More information and services

The official subscription number of "Deep Trusted Intellectual Property Rights" on the code

官方订阅号.jpg

More deeply trusted dynamic news, important data/reports, authorized cases, etc

Code on the concern [deep trusted intellectual property service platform] official service number