Declaration of use for intent-to-use application after approval
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Once the trademark is registered, it will have a protection period. When the period comes to the due time, it can be renewed to next period of protection by submitting the renewal request before the IP offices in each jurisdiction.
Unlike patent, trademark can be renewed continuously unless the trademark owner doesn’t wish to use it any more. Failure to renew the trademark registration will result in the cancellation of the trademark right.
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During the application procedure or for a registered trademark, the ownership may change for various reasons. Some trademark owners transfer their ownership of a mark to another entity, which is called an assignment.In order to transfer ownership of trademarks properly, an agreement of assignment is required between two parties and then file this agreement before the IP offices in each jurisdiction.
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During the application procedure or for a registered trademark, the name/address of the trademark holder may change. Modification of name/address is required to update before the trademark register so as to continue to use the trademark in commerce in the new name/address. Otherwise, the use under the old name will not constitute a legal use and your registration may be revoked by others based on non-legal use.
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Trademark license means that the trademark registrant authorizes a third party to use its registered trademark. To permit the licensee to use the registered trademark, the licensor shall record the license during the validity period of the license contract. The contract shall clearly mention the matters such as the trademark licensor, the licensee, the license period, the licensed goods or services and the type of license.
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Trademark opposition is a legal process that allows anyone (individual or legal entity) to oppose the registration of a trademark during the opposition period. Anyone who believes the published application might affect their rights would have an opportunity to oppose it.
Both the opposition period and process are various from country to country. There may be various reasons to raise an opposition, such as lack of distinctiveness, likelihood of confusion, bad faith and etc.
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Invalidation is the legal procedure which allows anyone to try and remove a trade mark from the register as if it had never been registered.
In the event of infringement of a trademark, trademark invalidation is one of the strategies which are adopted by the trademark owner . The aim of the trademark owner is obviously to stop the infringer from using his/her trademark.
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Trademark cancellation is the legal process of removing a registered trademark from the register. Trademark cancellation is a legal argument. Its purpose is to allow a party to petition for removal of a trademark from the register.
A registered trademark can exist potentially forever- assuming that your trademark mark is kept in proper order. And, if you do not safeguard your registered trademark, then your mark can become abandoned. Furthermore, a registered trademark is subject to cancellation by third parties under certain conditions.
The three common reasons for a trademark cancellation include
(1) non-use by the registrant
(2) the mark becoming generic, and/or
(3) fraud
Non-use of Trademark in Commerce
Although a trademark can indeed exist forever, these trademark rights are subject to continued use in commerce. Substantial non-use in commerce provides the opportunity for third parties to file a cancellation before the Office. Considering this risk, it is important to continue to use your registered trademark in commerce.
Trademark Becomes Generic
A second ground that can be used to cancel a trademark is that the mark has become generic. This means that your mark has become so associated with the underlying good or service that it is used interchangeably with your mark. Once a registered trademark becomes generic, it is no longer subject to trademark protection- and is thus subject to cancellation. Owners of trademarks, including registered trademarks, should take steps to protect their marks to ensure they do not become generic.
Fraud
Fraud in obtaining the registration can also lead to the cancellation of a trademark at any time. Some registered trademarks, after they have become “incontestable,” are more difficult to cancel. Fraud is one allegation that can be brought at any time; however the standards for proving fraud can be at times difficult.
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A party is allowed to take legal procedures to revoke the pending/registered trademark when it considers to be infringed by other party with bad faith so as to safeguard legal rights. Alternatively, prosecution before the court is also available.
The applicant should select related evidences to prove the infringement fact.
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Trademark investigation refers to the research on trademark use, including the places, time, and specific goods/service of use. The investigation aims to discover the possible infringements in advance in order to proceed legal actions in time against the infringers.
The investigation is usually carried out in the hot markets and the places where infringements happen a lot, as well as the online shops and e-commerce platforms.
The ways of selecting the evidences are various by:
- buying the counterfeits
- on-site investigation
- online searching
Legalization/notarization is usually required on the selected evidences to ensure the authenticity.
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It happens quite often that well-known/well-designed/well-developed trademarks are imitated/copied by other parties, which cause bad reputation to the trademark owners.
Trademark watch is to monitor the trademarks published by the Trademark Office, specific to those similar/identical ones to the own trademarks, aiming to prevent the other party’s similar/identical/malicious registration. It is an important way for each company safeguard Their own trademark rights.
It can also help to know the trademark information, Status of competitor’s trademarks, as well as the trend of the development in the industry, so as to adjust company’s brand strategy.
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