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FAQ of Trademark

2016-07-28 15:59:43

1.    Is it quite safe after applied successfully registration trademark?

A.   Trademark that has been applied successfully is still paid attention to maintain. The case may result in the eventual loss of the exclusive right to use a registered trademark due to objection, revocation or invalidation, or the renewal of the exclusive right to use a registered trademark.

 

2.    Why should register trademark in time?

A.   The protection of trademark rights follow the principle of first registration, who register first entitle the rights. If not registered in time to let others register in advance, that leads to the early investment not to get the maximum profit and makes you be a infringer.

1) The results of trademark inquire could get known if there are the same or similar trademark, what specific registered products are. Thus make a decision to give up the application plan or to apply registration about other products of the same or similar trademark.

2) According to the result of the trademark inquire ,applying or applied trademarks are being monitored if there are existing the same or similar with others that is playing a great role in maintaining own trademark rights to gain legal basis if others have infringement acts about the trademark registration.

 

     3. How could you do if trademark is refused, objection, announcement of invalidation and         cancellation?

A. You could entrust professional agency like XiaoMa to review the trademark.

 

     4. How could you remedy when failed review and appraisal to the trademark?

A. it could be remedy by lawsuit.

     5. What is the advantages of independent international registration compared to Madrid registered,?

A: 1) International independent registration is more flexible and active than the Madrid registration. Most countries of independent registration do not require registered basic marks in original country, and therefore it is free to to register as needed;

2) Smaller risk. The same as domestic trademark registration, international independent registration will firstly search the trademark to assess the risk, in order to grasp the application of the trademark if it is already preregistered or infringed;

3) It is more stable, more conducive to trademark protection. International independent registration will not be affected other countries and regions to use and protection by the trademark of a country, as there is an independent certificate and more convenient for rights protection;

4) A wider range of registration. International independent countries and regions can be registered in any countries all over the world, while the Madrid registration only applies to 96 countries in the Madrid system.


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