The eye that seize a day is checked show, "Millet car " brand already was applied for to register, international classification is advertisement sale, carriage tool, the applicant is limited company of textile of carry on Xing Yixiang, application date is in March 2021, at present brand condition is " in brand application " .
Be in some earlier moment, personage of know the inside story says, the mill that millet group plans to use Great Wall car produces electric car, become newest a company of science and technology that joins wisdom to give Hang Zhihui to give a competition. The electric car of millet will face masses market, this accords with the wide market fixed position of product of this company electron.
Now nowadays, "Millet car " brand has been application medium. Face this kind of brand to grab record act, how should be enterprise or individual done?
Should grab to brand note have 3 kinds of ways:
1, to the trademark that has not register permissibly, can demur.
According to our country " trademark law " regulation, apply for brand to answer in the van by the country industrial and commercial bureau of total bureau brand undertakes preliminary examine, enter announcement period through what examine, announcement time is 3 months. Inside these 3 months, the main body that accords with a condition can raise brand objection.
Accordingly, the company that those are robbed to note trade mark can be in the time of these 3 months, raise brand objection to brand bureau.
2, had gained registered trade mark, can file invalid declaration.
The announcement that the trade mark that if be grabbed,notes already passed 3 months period obtain approve to register, poineering company is right now OK according to " trademark law " regulation, request country is industrial and commercial committee of total bureau evaluation proclaims this registered trade mark is invalid.
" trademark law " to invalid declare application has restriction of 5 years of time, if some brand is obtained,register time more than 5 years namely, cannot proclaim to apply for to disable with be being grabbed to note.
File invalid declaration this program, synchronism of the person that similar proposal is grabbed to note offers brand application, so that be being grabbed,note trade mark by oneself can gain this trade mark after annul.
3, if this registered trade mark is successive,did not use a few years, can apply for to remove to brand bureau 3, cancel corner and ill will grab the act that record.
Anyhow, once brand is grabbed to note, can put in very big risk. Because of this to the enterprise character, applying for to register at an early date is first-rate defence means, early register protect early. But if encounter brand to grab really,record event, also want active dimension right, search right way to protect his legitimate rights and interests.
