You can legally use trademark keywords after authorization.
Be sure to pay attention to this.
Can similar goods use the names of other people's registered trademarks? If authorized by the applicant, it can be used. Without authorization, it belongs to infringement. Hope to adopt.
Can I use different trademarks for the same commodity? Yes There is no limit to the number of trademarks that can be registered on the same commodity in China. There are two situations for your reference: first, a trademark has been registered on a certain commodity, and after a period of market operation, it has gained a certain popularity. In order to prevent others from using the same or similar trademarks as their own trademarks on the same or similar goods, multiple similar trademarks are registered on the same goods. For example, Wahaha Group not only registered the Wahaha trademark on children's drinks, but also registered Haha Wa and Wahaha. If these names are not registered, it remains to be determined whether they constitute infringement when others use them on the same commodity, but once they are registered, they will inevitably constitute infringement. Two, a trademark is given priority to, and different trademarks are used in different series of goods of the same commodity, so as to segment the market and improve the market share. For example, Wuliangye Group, with Wuliangye trademark as the leader, has continuously introduced Wuliangye and Wang Liangchun under it, occupying different levels of markets.
Different trademarks can be used for the same commodity.
To apply for trademark registration, the category and name of the goods using the trademark shall be filled in according to the prescribed commodity classification table. Where an applicant for trademark registration applies for the registration of the same trademark on different categories of goods, it shall file an application for registration in accordance with the commodity classification table.
There is no limit to the number of trademarks that can be registered on the same commodity in China.
There are two situations for your reference:
First, a trademark was registered on a certain commodity, and after a period of market operation, it gained a certain popularity. In order to prevent others from using the same or similar trademarks as their own trademarks on the same or similar goods, multiple similar trademarks are registered on the same goods. For example, Wahaha Group not only registered the Wahaha trademark on children's drinks, but also registered Haha Wa and Wahaha. If these names are not registered, it remains to be determined whether they constitute infringement when others use them on the same commodity, but once they are registered, they will inevitably constitute infringement.
Two, a trademark is given priority to, and different trademarks are used in different series of goods of the same commodity, so as to segment the market and improve the market share. For example, Wuliangye Group, with Wuliangye trademark as the leader, has continuously introduced Wuliangye and Wang Liangchun under it, occupying different levels of markets.
Characteristics of trademark rights:
First, trademark rights have the general characteristics of intellectual property rights.
materiality
Specificity, also known as exclusivity or monopoly, means that the trademark owner enjoys the exclusive right to use a registered trademark. Once the right is obtained, it is exclusive, and no one else may use it without the consent of the trademark owner, otherwise it will constitute infringement and legal responsibility will be investigated.
The exclusive right to use a trademark is a right granted by law, and its exclusive use must also be under the provisions of law and meet the conditions stipulated by law, and it shall not be abused.
(2) timeliness
Timeliness refers to the effective period of trademark rights. Within the validity period, the trademark right is protected by law. After the expiration, the trademark right is no longer protected by law.
Trademark laws in various countries generally stipulate the validity period of trademark rights, ranging from 20 years to 7 years, most of which is 10 year, and China also stipulates 10 year. There are also a few countries that have no time limit. As long as it does not violate the law, the registrant can enjoy the trademark right indefinitely. Countries that stipulate the validity period also stipulate that renewal can be requested when it expires. However, if the trademark registrant fails to apply for renewal or the application is rejected, the trademark right will be lost.
(3) regionality
Trademark rights are strictly regional, that is, the so-called "territoriality principle", that is, the trademark rights enjoyed by trademark registrants can only be protected in the country that granted the right, but will not have legal effect in other countries. If the legal protection of other countries is needed, it is necessary to apply for registration or international registration of trademarks in that country in accordance with the provisions of the laws of that country. Therefore, the trademarks of China's export commodities should be registered not only in China, but also in the countries or regions where they are sold in time. Otherwise, once the same or similar trademark is registered in a foreign country, China's export goods using the trademark can no longer enter the country or the region, thus affecting the sales of Chinese goods in the international market.
With the increasingly frequent international economic exchanges, since the end of 19, countries all over the world have signed a series of international conventions on the protection of trademark rights. However, the regional legal characteristics of trademark rights have not disappeared. The International Convention on the Protection of Trademark Rights does not and cannot provide a set of internationally unified trademark substantive laws for member countries. Therefore, even if a country participates in the international convention for the unified protection of trademark rights, whether its foreign-related trademarks can be protected by the contracting parties still depends on the domestic laws of the contracting parties. The handling of trademark issues is still based on the domestic laws of the contracting States.
Second, the characteristics of the trademark right itself
In addition to the general characteristics of intellectual property rights, trademark rights also have their own characteristics.
(a) the scope of the prohibition of trademark rights is greater than the scope of the right to use.
In the content of trademark rights, it has been pointed out that the scope of prohibition right is greater than that of exclusive right. This feature of trademark right is different from property ownership, copyright and patent right.
The owner has the right to possess, use, dispose of and benefit from the property he owns, and has the right to prohibit others from possessing and using it privately. The scope of this prohibition is strictly limited to the property owned by the owner, and it is impossible to enjoy the prohibition beyond its possession and use. Within the scope of intellectual property rights, copyrights and patents do not have the prohibition right beyond the scope of use rights. The copyright owner enjoys the right to use the work and gains income by exercising the right to use it. Article 10 of the Copyright Law lists more than ten rights of copyright owners to use works such as reproduction, performance, broadcasting, exhibition, distribution, shooting, television, video recording or adaptation, translation, annotation and editing. Copyright owners can use their own works and get paid by authorizing others to use them. Of course, the copyright owner has the right to prohibit others from using it without permission. However, the prohibition right enjoyed by the copyright owner can not only go beyond the scope of its right to use, but also be subject to certain restrictions: in some cases, others can use the work without the permission of the copyright owner without paying him remuneration; Or in accordance with the law, you can use the work in a specific way without the permission of the copyright owner, but you should pay the copyright owner a royalty. The former is called fair use, and the latter is called legal license. If others use the copyright owner's work within the scope of reasonable use or legal permission, the copyright owner has no right to prohibit it. It can be seen that the effectiveness of the copyright owner's prohibition right is less than the scope of his right to use it. The patentee has the right to prohibit others from manufacturing, using or selling their patented products or using their patented methods, using or selling products directly obtained by the patented methods without permission, and to prohibit others from importing their patented products or products directly obtained by their patented methods without permission. The patentee's right to prohibit others from exploiting his patent without permission is also within the scope of his patent. That is, the patentee's prohibition right is only exercised within the scope of the invention-creation of the patent he has obtained, and cannot be extended to the adjacent technical scope other than his own invention-creation. That is to say, if the patentee has the right to prohibit it, he can implement it by himself according to the patent obtained. Trademark rights are different. Although the trademark owner has the right to prohibit others from using the same or similar trademarks on the same or similar goods approved for use by his registered trademark, he himself has no right to use the registered trademark on goods similar to those approved for use, nor to use a trademark similar to his registered trademark on goods approved for use, nor to use a trademark similar to his registered trademark on goods similar to those approved for use.
The characteristic that the prohibition right of trademark right is more effective than the right to use it is determined by the different nature of trademarks, works and inventions. Taking trademarks and works as examples, once a work is created, it can be expressed in different ways, such as copying, playing, performing, and also being translated and adapted. Various forms of use will not only dilute the relationship between the author and the work, but also expand people's understanding of the relationship between the author and the work. As a mark, a trademark needs to be repeated countless times to communicate with the trademark owner. The more unique this performance is and the closer it is to everyone, the more stable consumers' cognition will be. On the contrary, it will confuse the relationship between trademark and trademark owner and make consumers misunderstand. Because of this, the law gives the trademark owner the prohibition right beyond the effective scope of his right to use, not only for exclusive use of his registered trademark, but also for safeguarding the legitimate rights and interests of consumers.
(2) Trademark right is a relatively permanent right.
Intellectual property rights are different from property ownership, which is time-limited, that is, after a certain period of time, intellectual achievements will enter the public domain, and people can use them without permission or payment. For example, the copyright laws of various countries stipulate that after the death of a copyright owner for several years (usually 50 years), he no longer enjoys the property right of his work, and anyone can use his work without paying royalties or obtaining permission. As for the invention and utility model patents, after a period of time (usually 10 ~ 20 years), they will become the common wealth of society, and everyone can freely implement their own patents. Trademark rights also have a time limit, that is, the validity period. During the validity period, the trademark owner enjoys the exclusive right, prohibition right, transfer right and license use right. After the expiration of the validity period, he will no longer enjoy these rights, and after a certain period of time, others can register their trademarks through legal procedures and become new obligees. But this period of trademark right is different from copyright and patent right. The duration of copyright and patent right is absolute. When the time limit expires, the patentee and the copyright owner will lose control of their works or inventions forever. The trademark owner can continue to enjoy the trademark right by performing certain procedures, which is renewal, and it can be renewed without restrictions on the number of times, making the trademark right actually a permanent right. Of course, if trademark owners want to obtain this permanent right, they should apply for renewal on time and in accordance with the law. If he doesn't apply for renewal in time, he will automatically lose his trademark right. In addition, the application for renewal may be rejected because it does not meet the relevant provisions of the law at the time of renewal, which will also lose the trademark right. It is precisely because the trademark right has great possibility of becoming a permanent right and because the trademark owner loses the trademark right because the renewal is not timely or the renewal is not approved that it becomes a relatively permanent right. This is precisely the characteristic that it is different from copyright and patent right in timeliness.
(3) The basis and nature of trademark right are different from copyright and patent right.
Trademark right and patent right belong to industrial property right, but they are quite different from patent right and copyright belonging to intellectual property right on the basis or premise of rights. First of all, copyright comes from the creation of works. Patent right comes from invention and creation. Of course, patent right is not like copyright, a work is created and must be authorized by the state. But they have one thing in common, that is, they all produce intellectual achievements through their own intellectual labor. Therefore, the creation of intellectual achievements has become the premise and basis for obtaining copyright and patent rights. Trademarks consist of words or graphics, but words and graphics will not become trademarks unless they are associated with specific goods or services. The basis and premise of trademark right is not who created a symbol, but who linked the symbol with a specific commodity. When this connection is fixed through legal procedures, it will become a right protected by law. It is precisely because of the different basis and premise that the nature of rights is different. Copyright and patent rights are based on the completion of intellectual achievements, so the obligee has the right to make full use of their achievements. However, due to the consideration of the overall interests of society, its prohibition right has been restricted to a certain extent. The premise and foundation of trademark right is to associate a certain mark with a specific commodity. The scope of the exclusive right granted by the law to the trademark owner is only limited to the use of the approved registered trademark on the approved goods, and no changes will be made. In order to ensure the exclusive right of the trademark owner and prevent confusion, the law gives the trademark owner a much wider prohibition right than the exclusive right, but there is no restriction on his exclusive right.
(4) Trademark rights do not include the rights of trademark designers, but pay more attention to the rights of trademark owners.
Personal rights such as the right of publication and the right of signature of trademark designers are not reflected in the use of trademarks and are not protected by trademark law. Trademark designers can protect them through other laws. If a trademark design can be protected as a work of art through the copyright law, then a trademark design closely related to the product appearance can also apply for a design patent to be protected through the patent law. Some people think that trademark rights do not include personal rights, but only property rights. From the perspective of protecting the rights of trademark designers, it is not unreasonable. Compared with patent right and copyright, the personal right in trademark right is indeed weak, but the trademark owner has the right to indicate the name and address of the trademark owner in the use of the trademark. It can't be completely said that trademark rights have no personal rights. It can only be said that in practice, the exercise of trademark rights is more reflected in the exercise of its property rights.
Can companies use unregistered trademarks of others? You can't expose it just because you need a business license to apply for a registered trademark. Your application will be rejected.
Can I use daily specials in Taobao product titles? Hello:
It can't be used
Daily specials can only be used for goods that have participated in this activity.
There are actually two solutions to the problem of when someone else's trademark can be used: 1 Sign a transfer contract with the trademark owner and transfer it to you or your company. If the other party doesn't want to change hands, you can ask the other party for permission for you or your company.
However, both methods may not be acceptable to the other party, so it is necessary to solve this matter through other legal channels. Because both license and transfer involve legal and job-hopping negotiations, it is recommended that you handle it through professionals. We have planned many such cases in Beijing. See the total length136 #11&72151
Can I use the trademark without registration? If you don't register, you will be in trouble if others register. It is recommended to register as soon as possible, and don't lose big because of small things.
Can different kinds of goods use the same trademark? Yes But try not to imitate completely.
You can use two kinds of trademark patterns on the packaging of goods. Of course, the Trademark Law does not stipulate that a product can only use one trademark, such as Apple mobile phone, even if you use a bitten graphic trademark and use Apple.