Trademark management system

Register the trademark abroad of usage

The trademark permit the registration as soon as at some nation, can add to note" register the trademark" on own registration trademark, orMarking, or" the TRADE MARK".

After trademark register, whether must add to note the registration marking, there is mostly no inflexible rule in all countries, however add after note can rise the publicity and protect the function to the trademark.Add to note the marking and can cause the attention of the consumer on the trademark, rise the function of the outstanding trademark.Registering the marking makes illegal businessman know that this trademark has already register, then imitated to emit and then have the worry.But also some nations rule to mark clearly that trademark to have already register with the local writing or mark, if don't mark clearly, once trademark drive infringement, the registration organization and courts also be free from the reason.

The great majority nations all disallow in the world at the trademark did not permit to register before, plus the marking of" register trademark", even approve officially the period to also prohibit to do like this in the trademark, otherwise, the parlance is to pretend to be to register the trademark behavior, is to cheat the consumer, the merchandise will be stop the sale.

Most nations all rule in the world, the trademark that register the person is after that country permit to register, must in the certain term inside that country uses its trademark.( The rule 3 years  to must  use to 5 years  of for many) however, in the real life, because of having no usage in the region ruling the term but drive repeal of case is few, unless someone understand that a certain trademark does not use over a long period of time, but is hindrance his trademark to register in that country, to not use to register the trademark owner to put forward the litigation.Once took place this kind of case in China, because the other people accuse it register the trademark 3 years and did not use, but register the person and could not lift not the reason that use, the trademark is canceled.
 Although China rules to stop the trademark of the usage continuously for 3 yearses in response to to cancel, if no man puts forward the litigation, also is regardless generally.
The provision of Haiti, Philippines and the United States, the trademark register person must after trademark register of the fifth, the 62th year in register the certificate( voucher, advertise, trade the come-and-go letter etc.) of the affidavit and usage that the organization hands over to use the trademark toward local trademark, can provide the elucidation perhaps because of a proof that can't use, otherwise that trademark was namely cancel.Hand over the country for the sake of the protection to register the trademark appropriation power at above-mentioned three nationses, we should notice to keep to sell the certificate of the merchandise at these three nations, then can at rule time together with the affidavit registers the organization to hand over toward the region. 
According to the international make it a rule way of doing, because the our country remits the amount of money provision of exchange the restrict currency, or because of difficult in obtain the foreign exchange, and because of our country of restrict etc.s can become the reason that the trademark can't use.


Register and don't change easily in the trademark drawing usage

After trademark register, should keep the drawing of the original registration hour always, can't change easily.Chinese some business enterpriseses acquaint with to the trademark management provision not too, usually modifying to own trademark continuously from the angle of the beauty, for example, the 50's is on the canned food registered" the Great Wall" trademark, the sketch of the Great Wall has six and seven kinds of different patterns unexpectedly.Do like this to have no advantage towards registering the person, not only cause the consumer to suspect which pattern is just positive article, which pattern is a vice- article, was even doubt is a fake.The trademark that writing and sketches counteract should whole usage, don't make changes in the writing and the sketch positions literally, even do not chase that the writing and sketches use separately, use the writing or sketches alone perhaps. 

 Register the trademark can't change to move, this beautification that pack, decorates with merchandise is a different thing.The merchandise packing wants to improve continuously, decorate also should beautify with the demand of cater to the large consumer, but will never can change the trademark part.

After trademark register abroad, if the business enterprise name and addresses contain change, or the trademark hases already turn to render up another an outside business enterprise use, should register the organization to carry out the alteration items in the local trademark in time.If did not carry out in time, once discover that the trademark uses the person's name out of accordance with original register personal name call, or because of taking place the trademark dispute, the authorities requests to provide to prove that the hour sinks namely in passive.For example, in 1978 before the Chinese outside 贸 trademark in the registration in the United States, all registered with the 华 in Hong Kong  name of the smooth company of, afterwards and after the United States signed the of mutual benefit agreement of trademark, some trademarks did not carry out to call away the registration procedure in time, such as" three leafs"s of the textile product company the trademark was promote in the United States the company registered compete first, the American authorities let provide to prove with the usage of the Chinese textile product  import and export company name at the United States because of diding not do to turn to let, can't provide to use the certificate, cause" three leafs" the trademark power drive the other people rend away.

The trademark registers before the effect period expires, the trademark owner should carry out the continuous exhibition  registration procedure in the region in time.The All countries  all rule  to register  the period  expires first the half to the apply for the to carry the out the the continuous exhibition the procedure for the year in the the trademark generally, the after some the nations still the rule the the valid period the expires still the have the the breadth for the six month defer, but must provide the delay reason of the continuous exhibition and hand over the 纳 delay fee.The trademark that exceed the breadth defer and don't do the continuous exhibition loses the appropriation power namely.Remarkable is, all countries is different towards registering the usage term of the trademark and continuously defer the provision of the limit, the trademark registration expiry date have of for 7 years,10 yearses that have,20 yearses that have;The continuous defer have of for 10 years,14 years that have,20 years that haves do not wait.

 The trademark takes place the dispute or discovers that someone imitates to emit abroad, have three kinds of solve the method:

 Register the organization toward the local trademark directly perhaps the court puts forward the litigation;

 Adoption which way the accommodation wants the basis concrete circumstance decision.

Say generally, if the trademark occurrence objection or controversy, the period should register the organization or courts toward local trademark first to put forward the application in time in the objection or controversies, the reason is full, the proof is definite, can win in lawsuit obviously of, justifying after can wait the other party rejoinder.

 For the problem not big, can can use the second way through the dispute that consultation resolve, carry on the consultation through both parties' the party concerned or its agents, the dispute sometimes is resolve very easily.For the antinomy originally not too big, the court that problem that pass consultation and can immediately resolve tell, sometimes cause the antinomy opposition on the contrary, each express the one's own opinion, argue not next, not only procrastinate time, cost a great deal of expenses, finally result return uncertain satisfied, usually adopt the consultation  way result better.For example," plum wood"( Maling)  can trademark of China possesses the great reputation at Arabian nation, a business enterprise in Italy uses counterfeit" Malina", similar to" Maling" form of written completely, only have a letter of alphabet dissimilarity;A businessman usage" the plum 兰 "( Malan) trademark packing form of written, color in Taiwan and" plum wood"  card can true or falses are difficult separately.We have no toward local court to put forward the litigation, but seek the local importer to carry on the consultation, the responsibility that should take on seriousness and laws that point out to sell the counterfeit merchandise, and tell them, we temporarily do not sue the claim, but they must guarantee to can not import these counterfeit cans from now on, and call them write an assurance, this problem is resolve then and smoothly.
Local and not a few cases example also explains to use to negotiate superior sex that the way solves the dispute.For example, a business enterprise in Xinjiang is on the beverage the usage" the pear country" trademark, its sketch looks like with the sketch of" Pepsi-Cola" very, during the period of objection, the American Pepsi-Cola company entrusts the 贸促 to consult the mark agency to the trademark  " the pear country" the trademark puts forward the objection, the trademark act for the place advertise for the United States agrees to negotiate with this business enterprise in Xinjiang, and persuade them" log off".For solving the both parties' antinomy successfully, the United States approval design, print, packs and applies for the process to" the pear country" trademark afresh to give in the whole expenseses spends economic indemnification.

 For some relate to the bigger trademark dispute of Chinese economic benefits ratio, use the above-mentioned way and can't solve, can pass the both parties the trademark registers the organization or the relevant business  supervisor sections consultation to solve, usually can obtain the good result.For example, the China and French trademarks register the organization to establish a the inside method trademark  work group, trademark working conference convene in every year up negotiate to resolve both parties' business enterprise mutually at the national application of the other party registers trademark and other trademark problemses the difficult problem meet, rose to arrive the certain function.