A it's been two months since I applied for the trademark, and the agency hasn't given me the notice of trademark acceptance. What should I do? Now
A it's been two months since I applied for the trademark, and the agency hasn't given me the notice of trademark acceptance. What should I do? Now some companies say that my trademark violates their rights.
Asking a liar is another trick. This must be your agency. Otherwise, others will not know your trademark application. They're baiting you and cheating you out of your money. Next, they will say that you should set up an emergency network or something to protect it and try to ask you for money. Just stick to it and ignore it. No one will sue you. You can search for news related to rongxin Datong and Chinese business power, conditional.
B. Is the contract termination notice valid?
According to your question, compare it according to the regulations.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Contract Law (II)
Article 24 If the parties have objections to the termination of the contract or the offset of debts as stipulated in Articles 96 and 99 of the Contract Law, but raise objections after the expiration of the agreed objection period and bring a suit in a people's court, the people's court will not support them; If the parties fail to agree on the period of objection and bring a suit in a people's court three months after the date of termination of the contract or the date of arrival of the debt offset notice, the people's court will not support it.
C. How to apply to the Trademark Office for reexamination of the notice of trademark rejection? The agency should not answer.
If the review time has passed, you can only reapply, or give up the trademark and reconsider the name.
D. What should I do if I fail to reply and make corrections within the prescribed time limit, and it is deemed that I have not entrusted a patent agency?
If the first applicant is a foreigner, foreign enterprise or other foreign organization and fails to reply within the time limit, the examiner shall issue a notice of deemed withdrawal; If it still does not meet the requirements after correction, the patent application shall be rejected. The applicant with the first signature is an individual, enterprise or other organization in Hongkong, Macao or Taiwan Province Province. If the applicant fails to reply within the time limit, the examiner shall issue a notice of deemed withdrawal; If it still does not meet the requirements after correction, the patent application shall be rejected.
E. Is the change of entrusted agent a notice or an application?
In the copy of the Civil Procedure Law (Article 60 If the authority of an agent ad litem is changed or revoked, the parties shall notify the people's court in writing, and the people's court shall notify the other party), it is only stipulated that the change of the agency authority requires the parties to notify the people's court in writing, and it is not stipulated whether the form of notification or the form of application is applicable. According to common sense, since the original agent has been filed in the court, a procedure approval process is needed when the agent needs to be entrusted, and the written notice to the court should be in the form of "application for entrusted agent" rather than notice.
F cancel the use of registered trademarks for three consecutive years, and wait for the end of the notice of rejection. 2065438+May 27th, 2007, what do you mean?
, legal provisions
Article 44 of the Trademark Law stipulates that if a registered trademark ceases to be used for three consecutive years, its registered trademark shall be revoked by the Trademark Office. Article 39 of the Regulations for the Implementation of the Trademark Law stipulates: "Anyone who commits the act in Item (4) of Article 44 of the Trademark Law may apply to the Trademark Office to cancel the registered trademark and explain the relevant situation. The Trademark Office shall notify the trademark registrant to submit the evidential materials used before applying for cancellation of the trademark or explain the justified reasons for not using it within two months from the date of receiving the notice; If the evidence materials for use are not provided at the expiration of the period or the materials are proved invalid without justifiable reasons, the Trademark Office shall revoke its registered trademark. "
The main purpose of this regulation is to integrate trademark resources, clean up those unused abandoned trademarks, pave the way for the registration and use of new trademarks, urge trademark registrants to use their registered trademarks in a timely and reasonable manner, and prevent the waste of trademark resources.
Second, legal procedures.
There are two ways for an applicant to apply to the Trademark Office of the State Administration for Industry and Commerce to cancel the suspension of the use of a registered trademark for three consecutive years, that is, to directly submit the application for cancellation of the suspension of the use of a registered trademark for three consecutive years and other relevant materials to the Trademark Office, or to entrust an intermediary organization recognized by the state with the qualification of trademark agency to apply for agency. Foreigners or foreign enterprises that have no habitual residence or business office in China must entrust a trademark agency to act as their agent. After receiving the revocation application documents, the Trademark Office shall first conduct a formal examination. If the application procedures are incomplete or the application documents are not filled in as required, the Trademark Office will not accept it and issue a notice of rejection to the applicant; If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue a Notice of Cancellation of Application for Correction to the applicant, requesting correction within a time limit. If no correction is made within the time limit, the application shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing; If the application procedures are complete and the application documents are filled in in accordance with the regulations, the Trademark Office will accept the application, issue a Notice of Accepting the Application for Cancellation to the applicant, and issue a Notice of Providing Evidence for the Use of a Registered Trademark to the registrant applying for a trademark, requiring them to submit evidence for the use of the trademark within the prescribed period of three consecutive years or explain the legitimate reasons for not using it within two months. The Trademark Office shall revoke its registered trademark if it fails to provide evidence for the use of the materials or proves that the materials are invalid without justifiable reasons.
If the registrant submits the defense materials and evidence materials for use within the prescribed time limit, the Trademark Office shall examine the evidence materials according to law. If there is enough evidence to prove the use of the trademark within three years, the Trademark Office will make a decision to keep the trademark valid; If the evidence is insufficient, the registered trademark shall be revoked according to law.
Three. Legal relief procedure
The registered trademark has ceased to be used for three consecutive years and has been revoked by the Trademark Office. If a party refuses to accept the decision, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the notice of revocation.
Four. Evidence of the use of registered trademarks
It can be seen from the legal provisions that in the case of revoking the use of a registered trademark for three consecutive years, the key to determining the fate of a registered trademark is whether the evidence used is sufficient.
(1) What is the purpose of a registered trademark?
Article 3 of the Regulations for the Implementation of the Trademark Law stipulates: "The use of trademarks mentioned in the Trademark Law and these Regulations includes the use of trademarks in commodities, commodity packaging or containers, commodity trading documents, or the use of trademarks in commercial activities such as advertisements and exhibitions." In essence, the use of trademarks should have commercial significance. Therefore, the mere publication of trademark registration information by an enterprise or the declaration of rights made by a trademark registrant on its registered trademark should not be regarded as use in the sense of trademark law, and only the use evidence materials produced in the actual transaction of goods and services have probative force.
(2) What conditions should be met for sufficient and effective trademark use evidence?
The evidential materials for trademark use must first meet the following requirements: First, the evidential materials must bear the logo of the trademark application. Otherwise, it is impossible to prove the use of the applied trademark. Second, the evidence materials should be able to show the user who applied for the trademark. Usually, the user of a trademark should be the registrant who applies for a trademark. Where a licensee uses a trademark, it shall also be regarded as the use of the trademark registrant, but the licensing relationship between the trademark registrant and the licensee shall be clearly reflected. Third, the evidence materials must reflect the use of the trademark on the approved goods. Fourth, the evidential materials must be presented within the prescribed period of three consecutive years, that is, three years are counted forward from the date of applying for cancellation. For example, if the cancellation date is March 24th, 2004, the continuous three-year period means from March 24th, 2006 to March 23rd, 2004. This requires that the applied trademark must be a valid registered trademark that has been approved for registration for three years. Fifth, the evidence materials must be originals or notarized copies. Otherwise, it has no probative force. If the evidence material is in a foreign language, the main part needs to be translated into Chinese.
(3) What materials can be used as evidence of trademark use? How should trademark registrants keep the evidence of trademark use in their daily business activities?
The following materials are common evidence of trademark use:
1. Invoice: As a basic commercial voucher in economic exchanges, invoice is a written voucher to record business activities, and it is a receipt and payment voucher issued and collected in business activities such as buying and selling goods and providing or receiving services. Therefore, true and effective invoices for selling goods or providing services can strongly prove the use of registered trademarks. However, many enterprises only fill in the name of goods or services when issuing invoices, and do not fill in the trademark name or trademark name for short. For example, a five-word registered trademark has only three words written. Such invoices have nothing to do with the registered trademark, and cannot prove the use of the trademark, and cannot be used as sufficient and effective evidence of use. Therefore, trademark registrants should standardize the issuance and storage of invoices, fill in the name of the trademark carefully while filling in the names of goods and services, and leave strong evidence for the use of the trademark. In addition, compared with the invoices issued by hand, the invoices printed by tax control devices and special invoices for value-added tax have more probative force because of their stricter and more standardized management and use.
2. Contract (or agreement): Contracts and agreements are important evidence and basis for economic entities to participate in economic activities, so they can be used as effective evidence for trademark use. However, many contracts (or agreements) seem strict, but the trademark logo is not obvious. In particular, some service agreements are not marked with trademarks at all and cannot be used as evidence for effective use. Therefore, when concluding a contract and signing an agreement, the trademark must be clearly marked, and it is best to write down the name and registration number of the registered trademark to leave valid evidence for the use of the trademark.
3. Advertising articles: advertisements include advertisements for goods and services published in various media such as radio, television, newspapers and magazines. Advertising is an important way for enterprises to publicize their trademarks, goods and services. Most of the trademarks are in a prominent position in advertisements and are good evidence materials. However, some advertising methods, such as TV advertisements and outdoor advertisements, cannot provide the time information of advertisement release, so it is difficult to prove that the use of trademarks is direct evidence. Advertisements in newspapers, magazines, conferences, expositions and trade fairs are more direct and powerful evidence because they can provide important information such as time and trademark identification.
4. Packaging: Packaging includes commodity packaging, service packaging or containers. Simple packaging or containers are difficult to be used as direct evidence because it is difficult to determine the specific time of printing and use, so other evidence is needed to support them.
5. Product inspection report: The product inspection report issued by the superior quality supervision department, industry association and other authoritative institutions to prove the quality of the goods is rigorous in procedure and clearly marked in content, which is a good evidence of trademark use.
6. Certification materials for trademark printing: Trademark printing is a prerequisite for trademark use, so certification materials for trademark printing are also strong evidence for trademark use. However, in actual cases, many enterprises directly provided some trademarks in kind, but could not provide proof materials for printing these trademarks. These trademarks cannot be accepted as valid evidence because they cannot confirm the specific time of printing and use. Therefore, when printing trademarks, enterprises must choose printing enterprises with good reputation and business scope including "trademark logo printing". This kind of printing enterprise has a perfect management system for trademark printing, complete registration and storage records of printing time, trademark name and printing client, and standardized invoice issuance and contract conclusion, which can provide strong evidence for the use of trademarks.
Other materials that can be used as evidence of trademark use include product description, inspection and quarantine certificate of inbound and outbound goods, product declaration form, etc. However, the above-mentioned single materials may not fully prove the use of a trademark, and often need a variety of evidence materials to confirm each other and form an effective evidence chain to fully prove the use of a trademark. Therefore, the trademark registrant should provide all kinds of evidence materials as much as possible when defending to ensure that the evidence is sufficient and effective.
5. Strictly abide by the relevant provisions of the Trademark Law and the Regulations for the Implementation of the Trademark Law. Standardize trademark registration and use behavior
The Trademark Law and the Regulations for the Implementation of the Trademark Law are the most basic and important legal provisions in China's trademark legal system, and they are also the guiding core of China's trademark registration and management. Therefore, the majority of trademark registrants should seriously study and strictly abide by the relevant provisions of the Trademark Law and the Regulations for the Implementation of the Trademark Law, and use registered trademarks reasonably and legally. So in daily business activities, besides paying attention to retaining the evidence of trademark use, what other aspects deserve special attention?
(1) Apply for trademark registration.
China is a member of the Nice Agreement, and its trademark application and registration are conducted in accordance with the International Classification of Goods and Services for Trademark Registration. However, many applicants are not clear about the difference between goods or services belonging to different categories and similar groups. For example, commodity jelly and jelly (candy) belong to category 29 and category 30 respectively, and commodity metal building materials and non-metal building materials belong to category 6 and category 19 respectively. Trademark applicants must carefully study the classification of goods and services when applying for trademark registration, and apply for registration according to their own business scope and development prospects to prevent registration errors. Otherwise, goods and services that have been approved for use by a registered trademark for more than one year or even longer are not goods or services provided by themselves. Once such a trademark is filed for three consecutive years, it is very likely to be revoked, and the achievements of the trademark registrant for many years will be wasted.
(2) Where another person is licensed to use a registered trademark, a licensing agreement shall be signed and reported to the Trademark Office for the record.
Many trademark registrants do not sign a trademark license agreement when licensing others to use their registered trademarks, let alone report it to the Trademark Office for filing, especially between parent companies and subsidiaries, group companies and branches, which are often regarded as easy-going families and have not strictly fulfilled legal procedures. In this way, once a trademark is filed to stop using the revocation procedure for three consecutive years, because the trademark user is inconsistent with the trademark registrant, the trademark registrant can't prove that he used the registered trademark, which will lead to the revocation of the registered trademark in use and cause huge losses to himself.
(3) Handling the formalities for changing and transferring the name and address of a registered trademark in a timely manner.
With the acceleration of China's economic marketization and globalization, the market competition environment faced by enterprises is changing rapidly, the name and address of enterprises change from time to time, and the transfer of trademark rights is also very frequent. However, many trademark registrants neglect to handle the procedures of name change, address change and transfer. As a result, once the trademark is put on file, the cancellation procedure is stopped for three consecutive years, and the notice of defense cannot be delivered to the trademark owner, resulting in no defense or overdue defense, or the defense subject is wrong and the defense is invalid, resulting in the cancellation of the registered trademark in use and the shrinkage of the intangible assets of the enterprise.
(4) Before the trademark assignee, it is necessary to make clear the right status of the trademark.
After some registered trademarks that have not been used for many years have been applied for cancellation for three consecutive years, trademark registrants often conceal the truth and transfer trademarks in order to pass on losses. Trademarks purchased by the transferee without knowing it are often revoked before use or at the beginning of use, which brings irreparable losses to themselves. Therefore, before transferring a trademark, the transferee must clearly understand the rights of the trademark and whether there is any situation that may lead to the loss of the exclusive right to use the trademark, so as not to cause additional losses.
(5) Cherish the registered trademark and transfer it in time.
Due to the unpredictable situation in shopping malls, many trademarks have not been used for various reasons after registration. In the process of modern enterprise system reform, many state-owned enterprises idle or give up many registered trademarks with high market value in the process of merger, transformation and reorganization, which is a great pity. As a trademark owner, we must cherish our registered trademarks and attach importance to the value of trademarks as intangible assets, especially those enterprises that are on the verge of bankruptcy due to poor management, and transfer unused registered trademarks in time. On the one hand, it can realize the value of trademark intangible assets, on the other hand, it can bring dying registered trademarks back to life and prevent the waste of trademark resources.
(6) Entrust an excellent trademark agency to defend.
As a developing country with imperfect legal system, China's legal awareness needs to be improved, and its legal knowledge level is still very limited. Many enterprises don't have special legal departments and legal advisers, and they don't know how to defend effectively. Even though many enterprises are using their registered trademarks, they don't know what materials to submit to prove their use behavior. They often provide a lot of materials, but none of them are valid evidence. Therefore, in the case of uncertainty, the enterprise had better entrust a trademark agency to defend on its behalf. In addition, after China lowered the market entry threshold of trademark agency organizations, the number of trademark agency organizations surged. The low quality and limited level of a few trademark agents make it difficult for trademark registrants to effectively safeguard their rights, which damages the interests of trademark registrants. Therefore, when choosing an agency, a trademark registrant must choose an agent with good reputation and high level to ensure the quality and level of defense.
Justifiable reasons why intransitive verbs don't use it.
Of course, not all unused registered trademarks will be revoked after being suspended for three consecutive years. If the registrant can explain the legitimate reasons for not using the trademark, the trademark can remain valid. So, what are the legitimate reasons for not using it? Generally speaking, the inability of an enterprise to use a registered trademark due to force majeure outside the enterprise can constitute a legitimate reason for not using it. For example, some restrictive policies formulated by * * * make it impossible for enterprises to use their registered trademarks, which may constitute legitimate reasons for not using the trademarks. However, when explaining the reasons, sufficient evidence that the reasons are established must also be provided. Otherwise, the reason cannot be established. The above is a brief introduction to the cancellation procedure of stopping using registered trademarks for three consecutive years, hoping to help the majority of trademark registrants how to use and protect their registered trademarks, so that registered trademarks can play a great role as a sharp weapon in business wars, create greater economic benefits for trademark registrants, and at the same time make more full and reasonable use of trademark resources in China and reduce the waste of trademark resources.
It can be seen that a registered trademark should be used continuously. If a registered trademark ceases to be used for three consecutive years, anyone can apply to the Trademark Office for cancellation of the registered trademark.
The use of trademarks mentioned in the preceding paragraph includes the use of trademarks in commodities, commodity packaging or containers, commodity trading documents, or in advertising, exhibitions and other business activities. In essence, the use of trademarks should have commercial significance. The mere publication of trademark registration information or the rights statement made by the trademark registrant on its registered trademark should not be regarded as trademark use in the sense of trademark law.
The above-mentioned review of the time when a registered trademark has ceased to be used for three consecutive years shall be counted as three years from the date when the Trademark Office receives the application documents for canceling the use of a registered trademark for three consecutive years. If a trademark registrant starts to use its registered trademark after it has been revoked on the grounds that it has not been used for three consecutive years, its use behavior is invalid.
After receiving the applicant's application for revocation, the Trademark Office will notify the trademark registrant, restricting him from providing evidence of using the trademark within the above three-year period or providing justifiable reasons for not using the trademark within two months from the date of receiving the notice. If the use evidence is not provided within the time limit or the evidence is invalid, the Trademark Office shall revoke its registered trademark.
If he refuses to accept the revocation decision of the Trademark Office, the party concerned may file a review with the Trademark Review and Adjudication Board within 15 days after receiving the notice of the decision. If the Trademark Review and Adjudication Board decides to uphold the revocation decision of the Trademark Office after trial, the party concerned may bring a suit in the Beijing No.1 Intermediate People's Court within 30 days from the date of receiving the decision.
Documents and materials to be provided for revoking the trademark for three consecutive years:
1. power of attorney for trademark agency: if a trademark agency is entrusted, a power of attorney sealed by the applicant shall be provided. Applicants from outside the mainland who apply for cancellation of their registered trademarks for three consecutive years in China must entrust a trademark agency;
2. Application for cancellation of a registered trademark that has not been used for three consecutive years: if an agency is entrusted to apply for registration, it shall be submitted by the agency;
3. A copy of the trademark announcement of the revoked registered trademark; And the instructions for the use of the revoked trademark.
G. The notice of trademark acceptance came down. An agency asked for it, but I didn't give it. The other party threatened to get it through other channels.
Hello, other institutions can't get it. Don't worry, don't worry.
There are many ways to cheat, just ignore them.
H. How to revoke the power of attorney
Need to cancel, directly notify the other party in writing. In this case, just inform * * * directly. If the behavior caused by prior authorization occurs during the notification process, you can claim it from the authorized person. If it happens after your notice, * * * will bear the responsibility.
According to Article 69 of the General Principles of Civil Law, the client may revoke the entrustment at any time. If the entrustment is revoked, the trustee and the relative person with legal relationship shall be notified. When the notice reaches the trustee, the authorization is revoked.
Article 69 The entrusted agency shall be terminated under any of the following circumstances:
1, the agency term expires or trading agent completes;
2. The principal cancels the entrustment or the agent abandons the entrustment;
3. The agent dies;
4. The agent loses the capacity for civil conduct;
5. The legal person who is the principal or agent is terminated.
(8) The following principles shall be followed when authorizing extended reading of the notice of cancellation of agency qualification:
1, similarity principle. This has two meanings: directly authorize subordinates without exceeding their authority; Power should be delegated to those closest to making and implementing target decisions, so that they can respond immediately when problems arise.
2. The principle of authorization. It means that the power granted to subordinates should be the most needed and important power for subordinates to achieve their goals and can solve substantive problems.
3. Clear responsibilities and authorization. Authorization should be based on responsibility, and at the same time, its responsibility should be clarified, so that subordinates can clearly define their scope of responsibility and authority.
4. Dynamic principle. According to subordinates' different environmental conditions, different target responsibilities and different time, different powers are granted.
I would like to ask you prawns, has the notice of defense for three years of trademark cancellation reached the agency or trademark registration address?
If you apply in person, the defense will be sent to the address of the registrant, and if there is an agency, it will be sent to the agency. If you say so, it is. Everything focuses on interests, but I think agents should have their own basic professional qualities, not just taking economic interests as the sole goal, but also pursuing interests and serving customers to the greatest extent within a reasonable range.
J. how to write the contract cancellation notice? Thank you.
The format is as follows:
Termination of contract
* * * * Company:
Thank you for your long-term help and cooperation!
Regarding the express delivery service contract signed by your company on (hereinafter referred to as "the contract"), the contract will expire on. Based on the adjustment of the company's business strategy (note: or write other reasons), our company has decided not to renew the contract with your company after the expiration of the contract, and we will settle the rights and obligations between the two parties in strict accordance with the contract.
Thank you again for your comprehensive support during the previous contract execution!
I hereby inform you.
Best wishes to Shang Qi!
* * * company
time