Trademark right is intellectual property right. According to relevant laws and regulations, the object of intellectual property rights includes works, inventions, utility models, designs, trademarks, trade secrets, geographical indications, integrated circuit layout designs, etc. , and the object of the right to exclusive use of a trademark is a trademark. The scope of intellectual property rights is very extensive, which mainly refers to the property rights enjoyed by people's intellectual labor results. Trademark right is the exclusive right of trademark owner, so does trademark right belong to intellectual property? For this problem, trademarks, like copyright patents, belong to a kind of intellectual property. China implements the principle of voluntary trademark application. A trademark may not be applied for use, but it may not infringe upon the registered trademark of others and may not exclude others from using it. You can only use it yourself. Registered trademarks can exclude others from using the same or similar trademarks on the same or similar goods, that is, once a trademark is registered, its scope of protection is greater than its scope of use, limited to the approved categories of goods, and the scope of protection is also extended to similar trademarks and similar goods. Especially for well-known trademarks, registered well-known trademarks can achieve cross-class protection, and others can be excluded from using the same or similar logos as registered well-known trademarks in all categories. The protection of unregistered well-known trademarks is equivalent to registering ordinary trademarks, which not only excludes others from using the same or similar marks on the same or similar goods.
First, do trademark rights belong to intellectual property rights?
Trademark rights belong to intellectual property rights. The acquisition of trademark rights requires registration. A registered trademark is a commercial symbol used to distinguish goods and services from different sources. It is composed of characters, figures, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. Trademark right is the exclusive result of intellectual labor created by enterprises or individuals for commercial purposes.
The main characteristics of intellectual property rights:
(1) Intellectual property is an intangible property.
(2) Intellectual property rights are exclusive.
(3) Intellectual property rights have the characteristics of timeliness.
(4) Intellectual property rights have regional characteristics.
(5) The acquisition of most intellectual property rights requires legal procedural law.
Legal basis:
Article 123 of General Principles of Civil Law of People's Republic of China (PRC).
Civil subjects enjoy intellectual property rights according to law.
Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law.