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things need to be avoided after finishing registration!

most of trademark applicants have a wrong knowledge that they can manage trademark randomly after registration, which is a severe misunderstanding. so how to protect your own trademark right after obtaining the registration certificate?

things need to be avoided after finishing registration!

1

registered trademark is a mark for distinguishing

 

clause 2 in article 49 of trademark law of the people’s republic of china states that

 

where a registered trademark has not been used for a period greater than three years without any justifiable reasons, any organization or individual may request that the trademark office make a decision to cancel such registered trademark. 

 

the basic nature of trademark application is to distinguish the commodities and services among business activities in market. to avoid being canceled, businessmen should put the trademark into use as much as possible and keep evidences with printed date when using trademark, such as: 

  • production contract, 

  • processing contract, 

  • manifest and package of product. 

 

things need to be avoided after finishing registration!

 

some countries or regions also requires applicants to use the trademarks after registration, such as: 

  • papua new guinea, 

  • swaziland, india, 

  • philippines, 

  • canada

  • the united state.

2

registered trademark is not allowed to be changed randomly after registration

 

clause 1 in article 49 of trademark law of the people’s republic of china states that 

 

a trademark registrant alters a registered trademark without approval, the name, address, or other matters concerning the registrant without approval, the local commercial and industrial administration shall order it to rectify the situation by a specified time;

if they still fail to rectify during the specified time period, the trademark office shall cancel the registered trademark.

according to trademark rule, we need to ensure the consistency between mark of registered trademark and the mark in evidences. the mark can be resized based on same proportion but partial letters, characters or patterns can not be changed. it is a ubiquitous rule in some countries or regions.

3

registered trademark information need to be changed in time when there is any changes

article 41 of trademark law of the people’s republic of china states that 

 

after the registration of a trademark, the name, address, or other matters pertaining to the registrant change, an application regarding the change shall be filed.

according to the trademark rules, if the name, address of company or personal id number were changed, applicants should submit application regarding changes as soon as possible. it is a ubiquitous rule in some countries or regions.

things need to be avoided after finishing registration!

4

application of record is required when authorize others to use the trademark

 

clause 3 in article 43 of trademark law of the people’s republic of china states that 

 

a party is licensed to use another party’s registered trademark, the licensor shall submit the trademark license to the trademark office for its records.

according to the trademark rules, trademark registrants can sign trademark licensing contract to authorize another person to use the registered trademark. two parties should conduct carefully and cooperate friendly with each other to submit the application of trademark licensing.

5

re-registration is required for adding the using scopes of trademark

we shall comply with the nice agreement concerning the international classification of goods and services for the purposes of the registration of marks, submitting application based on different goods and services specified in the trademark rules. 

things need to be avoided after finishing registration!

instead of printing and pasting the trademark mark directly if registered trademark is to add the using scopes of other classification of goods and services, re-registration application need to be submitted for approval. it is a ubiquitous rule in some countries or regions.

significant cases in customs inspection! pay attention!

these significant cases in the process of customs inspection. do you get it?

1 disclosure fee

 

the affirmation case of “disclosure fee”:

a company in guangzhou purchase concentrated solution that contains the patent right from a foreign producer, who is the possessor of the patent right at the same time. after import, it is needed to be diluted with water before selling and then sell after packaging.

as one of the conditions in the sales process, this company needs to pay the disclosure fee to the producer, for obtaining the right of mixing and using this concentrated solution in the process of resale.

the figure of disclosure fee is calculated on the basis of the final sales price of the product.

 

significant cases in customs inspection! pay attention!

 © image | google

since the company has to pay disclosure fee in order to obtain the concentrated solution, the disclosure fee is a condition of sales. 

simultaneously, after the concentrated solution is imported, it is directly sold through simple processing, which already contains the patent right.

so, this disclosure fee should be included in the actually paid or payable price of imported goods.

2 alteration

 

the alteration between domestic and foreign investment, influencing tax reductions or exemptions policy. 

 

a company in guangzhou formerly is a wholly foreign-owned company, imported a batch of equipment in the form of tax reduction or exemption in 2017, because it met the requirements of encouraged projects, in the catalog of directory of industrial guidance for foreign investment.

when the customs inspected the company, it is founded that this company has changed it’s nature of enterprise on mar 3, 2018, from a foreign-owned company to a joint-stock company, and foreign investment is less than 25%.

 

significant cases in customs inspection! pay attention!

 © image | google

according to the announcement regulation of no. 35 of the general administration of customs in 2007, some of the company’s equipment has not met the qualification for tax reduction and exemption. 

 

and this company didn’t handle procedures for subject change in customs with 30 days after issuance of a business license. the company’s above-mentioned behavior violates relevant regulations, and cause lower tax or tax leakage.

attention!

 

the company involved in tax reduction and exemption of importing goods may refer to two documents, “announcement of the general administration of customs, no. 35 of 2007” and “administrative measures on tax reduction and exemption of customs import and export goods of the people’s republic of china“.

must read!

 

the following tips may improve your business!

 

significant cases in customs inspection! pay attention!

 © image | google

 

  • in the process of clearing custom, if there are any special relationships between seller and buyer, you should check special relationships items on the customs declaration form.

  • regardless of whether there is a situation in which the transaction price is affected by a special relationship.

  • it is necessary to retain relevant information to support the relevant judgment, but it is not mandatory to submit relevant information to the customs at the reporting stage; if it is a maritime surcharge, it is declared in the import.

 

significant cases in customs inspection! pay attention!

 © image | google

  • at the time, the shipping list provided by the shipping company was not obtained, and the declaration can be added to the customs after the amount is clear.

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[good stocklots goods]- shoes in wenzhou

hacos has cooperated with many stock factory in yiwu, zhongshan, guangzhou etc., we provide purchasing, orders following, cargo, one-stop services. we’ll share you some good stock goods from time to time. 

hacos现跟多家在义乌,中山,广州等库存工厂合作。我们提供采购,跟单,物流,一条龙服务。我们会时不时跟您分享好的库存货。

[previous stock products]

bellow are some shoes stock-lots.

这期我们介绍的是温州的库存—女士,儿童和男士鞋子。

for woman

 

1

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for child

 

7

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for man
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13

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for more detail information, 

welcome to contact us! 

如果您有任何需要,欢迎联系ag真人官网平台app!

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