As the intellectual property rights of enterprises, trademarks, like other properties, are the wealth of enterprises, and can be transferred, licensed to others or pledged to realize the value of trademarks. The more well-known the trademark, the higher the wealth value. For example, the valuation of Moutai trademark is 11.8 billion dollars; Apple paid $60 million to Shenzhen Proview to obtain the exclusive right to use the iPad trademark; Linyi Xincheng Jinluo Meat Products Group obtained a loan line of 1 billion yuan from Linyi Branch of the Agricultural Bank of China with the appraisal of the exclusive right to use the registered trademark of 32 Jinluo series as collateral.
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However, the trademark registration is not permanent. The trademark is valid for ten years. Therefore, the trademark registration is not once and for all. As an intellectual property+project planning, after the successful trademark registration, these points must be noted!
01 The trademark registration has not been used for three consecutive years, and there is a risk of revocation.
After the trademark is approved and registered, it shall be used as soon as possible, and attention shall be paid to keeping the evidence of trademark use to prevent the infringement of legal rights and interests. Evidence that can be used as a trademark includes:
Invoices, contracts (or agreements), advertising articles, packaging materials, product inspection reports, trademark printing certification materials, others (including product specifications, commodity import and export LI inspection and quarantine certificates, product declarations, etc.)
According to Article 49 of the Trademark Law, if an enterprise fails to use a registered trademark for three consecutive years without justified reasons after its success, any unit or individual has the right to apply to the Trademark Office for cancellation of the registered trademark.
02 Use the trademark, do not change too much.
The trademark logo used shall be consistent with the registered trademark logo at the time of application for approval. In the process of use, enterprises can only zoom in and out in proportion, and cannot change the words of the trademark by themselves.
It is not allowed to change the traditional characters of the original trademark into simplified characters. If the changed appearance happens to be similar to the registered trademark of others, it may also constitute trademark infringement.
03 If the company information is changed, the trademark must be changed in advance.
In real life, if the company changes and the trademark registrant or address is not changed in time, the following fatal impacts will be caused to the enterprise:
1. Affect trademark transfer and authorization;
2. The trademark may be revoked by others;
3. "Withdrawal of three" proposed by others, unable to provide evidence;
4. Affects entering shopping malls or online malls;
5. The approval is affected when handling pledge and other businesses;
6. It affects the subsequent renewal of the trademark.
In order to prevent the distinctiveness of its own trademark from being diluted, the applicant for trademark registration cannot rely solely on the examiner of the Trademark Office. If your competitors or your original partners apply for trademarks similar to yours, you should file an objection application in time. Otherwise, if he succeeds in applying, your application will be difficult to pass.
04 If the trademark is similar, raise an objection as soon as possible.
After the trademark is approved and registered, it shall be used as soon as possible, and attention shall be paid to keeping the evidence of trademark use to prevent the infringement of legal rights and interests.
05 To expand the scope of use, additional registration should be made.
The application for trademark registration must be filed in accordance with the relevant provisions and according to different categories. After approval, the approved goods or services shall prevail.
Where a registered trademark needs to be used in other goods or services of different categories, an application for registration must be filed separately.
Improper expansion of the scope of approved use of a registered trademark belongs to non-standard use, and intrusion into the scope of rights of others may constitute infringement.
For more trademark information, please pay attention to the second brother!