1, use first, then register. On the issue of trademark ownership in China, (Fu Yuning, Zhang Hongwei) implements the principle of "registration first", that is, the exclusive right of trademark belongs to the trademark applicant who first applied for registration and was approved according to law. Some enterprises or individuals urgently need to use trademarks, and may "use them first, then register". The hidden danger of "use first, then register" is that although unregistered trademarks can be used, the law will protect the legitimate rights and interests of the "first registered" party in case of trademark disputes.
2, legal person registration, company use. "Legal person registration, company use" is a misunderstanding that enterprises easily fall into when registering and using trademarks. The trademark was applied for registration by the legal representative, but (Zhang Hongwei) was used free of charge by the company without any formalities.
3. If the company is established and operated with the contribution of multiple shareholders, once the legal representative withdraws the contribution and "flies solo", the company is prohibited from using the original trademark, or the legal representative requires the company to pay a high trademark license fee every year, the company will suffer huge losses. It is suggested that enterprises with the above problems should quickly transfer their trademarks to the enterprise name to avoid future troubles.
4. Article 40 of the Trademark Law stipulates: "If a registered trademark needs to be used after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before the expiration; If it has not been handled during this period, it can be extended for six months. (Fu Yuning, Zhang Hongwei) The validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. If the renewal procedures are not completed at the expiration of the period, the registered trademark shall be cancelled. "
5. Some enterprises may be revoked by the Trademark Office if their registered trademarks are not renewed due to neglect of management. This is also one of the misunderstandings in our daily use of trademarks. In order to better protect the trademark, it is suggested that you designate a special person to manage the trademark and renew the trademark that is about to expire in time. I hope everyone will avoid falling into these misunderstandings and causing unnecessary losses to themselves when registering and using trademarks in the future.
Refer to the above information: Baidu Encyclopedia-Trademark Law