1. A trademark is a prominent symbol used by producers and operators of commodities in their production, manufacturing, processing, selection and distribution of commodities or services provided by service providers to distinguish the sources of commodities or services. It consists of words, graphics or their combinations.
In the commercial field, trademarks, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, can be applied for registration as trademarks.
. The logo of a trademark should also be distinctive and easy to identify, so that consumers can distinguish the products or services identified by the trademark from similar products or services identified by other trademarks.
Registered trademarks have the characteristics of exclusiveness, exclusiveness and uniqueness. It belongs to the registered trademark owner and is protected by law. Without the permission or authorization of the registered trademark owner, no enterprise or individual may use it, otherwise it will bear tort liability.
Trademarks protect trademark registrants by ensuring that they have the exclusive right to mark goods or services or license others to use them for compensation. The term of protection varies, but after the expiration, the trademark can be renewed indefinitely as long as an extra fee is paid. Trademark protection shall be implemented by the court. In most systems, the court has the right to stop trademark infringement.
Trademarks are exclusive. The purpose of using a trademark is to distinguish it from other people's sources of goods or services.
, easy for consumers to identify. Therefore, the registered trademark owner enjoys the exclusive right to use his trademark, and no one else may use it without the permission of the registered trademark owner. Otherwise, it constitutes an infringement of the trademark right of the registered owner and violates the trademark law of our country.
2. In our country, the meaning of patent is:
The triple meanings in intellectual property rights are easily confused.
First, the abbreviation of patent right refers to the patent right enjoyed by the patentee for invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law, and the emphasis here is on rights. Patent right is an exclusive right with exclusivity. Non-patentees want to use other people's patented technology.
The authorization or permission of the patentee must be obtained according to law.
Second, it refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of publicity. Patents here refer to technical methods-technologies or schemes protected by national laws. The so-called proprietary technology is the technology with exclusive rights, which is a bigger concept, including patented technology and technical secrets. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts. ) A patent is an invention protected by legal norms. It is an invention that submits a patent application to the national examination and approval authority, and after passing the examination according to law, the patent applicant is granted the exclusive right to the invention within the time specified by the country, and the annual fee needs to be paid regularly to maintain the protection status in the country.
Third, it refers to the patent certificate issued by the Patent Office to confirm that the applicant enjoys the patent right for his invention-creation, or refers to the patent document that records the content of the invention-creation, and refers to the specific material document.
A patent is an invention protected by legal norms. It is an invention-creation that applies to the national examination and approval authority for a patent and is granted the exclusive right to invent within a specified time after passing the examination according to law.
Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the consent or permission of the patentee according to law.