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How to use and maintain the trademark after successful registration?

Release Time：

2022-09-17

At present, with the increase of the number of trademark registration, trademark registration is becoming more and more difficult. A trademark, from the name, design, inquiry, application to success, often takes several months or even a year. Trademark registration is not easy, after obtaining the Trademark Registration Certificate, it should be properly used and maintained. So what should we pay attention to after the trademark registration?

1. Use the trademark as soon as possible after successful registration

Trademark Act Article 49 (2) states: "After the successful registration of a trademark, if the enterprise does not use it for three consecutive years without good reason, any entity or individual shall have the right to apply to the Trademark Office for cancellation of the registered trademark."

Therefore, the trademark should be used as soon as possible after approval and registration, and pay attention to retaining evidence of use (production, processing, sales contracts, etc.) to prevent the trademark from being "withdrawn".

2. The use of trademarks, can not be modified at will

Trademark Act Article 49 (1) : "Where a trademark registrant, in the course of using a registered trademark, changes the registered trademark 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."

Therefore, when we use the trademark, we must ensure that the logo of the trademark is consistent with the logo of the approved registered trademark at the time, which can be scaled according to the scale, but can not change the text, font, proportional relationship, combination relationship of the trademark; If it is a color trademark, even the color needs to be consistent.

3. The trademark registration information changes after the trademark change

Trademark Act Article 41: "Where a registered trademark needs to change the name, address or other registration matters of the registrant, an application for change shall be filed." Therefore, once a business changes its name or address, it must file a trademark change application as soon as possible.

4. Enterprises to expand the scope of business to additional registration

In the course of operation, enterprises may have more and more businesses, and the scope is getting larger and larger. Where a trademark has different categories and the right to exclusive use of the trademark is obtained on goods outside the scope of use of the approved registered trademark, a separate application for registration shall be made. When the business growth, pay attention to the increase of registered trademarks, beyond the scope of use, will cause adverse consequences.

5. The trademark should be renewed in time

A registered trademark is valid for ten years and can be renewed within 12 months before the expiry date. After that, the trademark may continue to be used for 10 years, and if the trademark is not renewed, the trademark will be invalid. In the period of up to 10 years, many enterprises are easy to ignore the renewal of the trademark, you can entrust the trademark agency to supervise the management of the trademark and remind them at any time.

6.Daily retention of trademark use evidence

As mentioned above, if a registered trademark has not been used for three years, anyone can apply for the cancellation of the trademark. In order to deal with the risk of revocation of the trademark, we can keep some evidence of use during the use of the trademark in case of emergency.

7. If similar trademarks are found, file trademark objections as soon as possible

In the market, there are not a few cases of malicious trademark registration, we should always pay attention to the dynamic nature of trademarks. When someone applies to register a trademark similar to our trademark, we should file an objection application in time to protect our own rights and interests. (Source: Standard Commune)

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