When does a trademark need to be changed? What are the risks in case of trademark change?-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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When does a trademark need to be changed? What are the risks in case of trademark change?

Release Time：

2022-06-22

Registered trademark is valid for ten years, in these ten years, enterprises will change a lot, do not rule out the change of corporate address and name, these need to carry out trademark changes, but many enterprises do not attach importance to trademark changes, and do not understand the hidden harm, the following with a deep credible look.

Ⅰ、Under what circumstances do changes need to be made

1, the company name business registration changes

2, the company registered address business registration changes

3, the history of entrusted trademark agency closed/lost contact　

Article 41 of the Trademark Law: Where a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be filed.

Ⅱ、Risk of not changing in time

1. Affect the authorization and transfer of trademark rights

When an enterprise or individual transfers or authorizes a trademark, 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 with the trademark information, the Trademark Office will reject the application, and it is necessary to apply for a change before handling the formalities of trademark transfer and authorization.

2. There is a risk of cancellation of the trademark

Article 49 of the Trademark Law states: "Where a trademark registrant, in the course of using a registered trademark, changes the name, address or other registered matters of the registrant on his own initiative, the local administrative department for industry and commerce shall order rectification within a time limit; If it fails to make corrections within the time limit, the Trademark Office shall cancel its registered trademark."

3. Affect the approval of trademark pledge

When enterprises handle bidding, banking, trademark pledge and other businesses, they also need to approve trademark registration information, such as name, address information and other information are not changed in time, which will cause inconsistent information and affect the subsequent approval process.

4. Affect the entry of the platform or mall

At present, all major e-commerce platforms require enterprises to provide trademark registration certificates, and the platform will check the trademark information with the name and address of the business license. If the information is inconsistent, it can not be stationed in shopping malls or online platforms, which will affect the subsequent promotion.

5. Affect the trademark follow-up renewal

The term of use of the trademark is 10 years, the expiration of 10 years needs to be renewed in time, the renewal of the trademark information will be checked, found that the trademark name, address is not consistent may lead to the failure of the trademark renewal, the enterprise will no longer have the trademark rights, which is not conducive to the long-term accumulation of brand effect.

6. Loss of opportunity for review or defense

In the process of trademark registration, there may be cases such as rejection review or objection defense. If the trademark agency of the registrant has been unable to connect or represent this business normally for some reasons, the trademark can not be contacted when the trademark Office issues a notice to the agency company, which will also lead to the trademark being invalid.

In reality, trademark change is a particularly easy to be ignored details, but it is often these small details that are neglected, may affect the use of the trademark, serious may also lead to the trademark is invalid, the loss of trademark exclusive right. Therefore, enterprises must manage their own trademarks, if the enterprise information changes, must be timely to the trademark Office application for change, do not cause their hard years of brand by others because of negligence.

Source: Gold name label

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