(A) the concept of a trademark
Trademark refers to any visible sign that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements. Used to distinguish the same or similar commodities produced or operated by different commodity producers or operators. Broadly speaking, the symbol used by the service industry is also a trademark, because its function is similar to that of a commodity trademark to distinguish different service sources. Trademarks have the following characteristics:
1. A trademark is a sign used on goods or services.
In social politics, economy, military affairs, culture, science and other fields, people use different signs for different purposes, such as national emblems and road signs.
. Their similarities and differences lie in their functions of distinguishing, representing and symbolizing something. Among all kinds of signs, trademarks are signs used in goods or services. Commodities that use trademarks are dynamic products that can be circulated through the market, mainly including consumer goods and consumer goods, while real estate such as houses and other ground attachments do not use trademarks.
2. Trademark is a sign to distinguish the source of goods or services.
The basic function of a trademark is to distinguish the same or similar goods produced or distributed by different enterprises. The so-called same goods refer to goods with the same generic name or goods with different names but the same object. The so-called similar goods refer to goods with different names, but with similarities in raw materials, uses or functions. With the logo of a trademark, it is easy to identify the different sources of goods and their quality, performance or characteristics.
3. Trademarks are artificial marks with obvious characteristics, which are composed of characters, graphics, letters, numbers, three-dimensional signs and colors, and the combination of the above elements.
Because of the distinctive features of trademarks, ordinary consumers can identify commodities through trademarks and choose to buy commodities. Trademark is a mark that people design and consciously attach to commodities or commodity packages. It must be used on a specific object to show the significance of distinguishing its source. The main ways of affixing trademarks are: using trademark labels, printing trademarks on commodities, etc.
(B) the concept of trademark rights
1, concept
Trademark right refers to the right enjoyed by a trademark registrant to its registered trademark. It is a legal right granted to the owner of a registered trademark by the state trademark administration authority in accordance with the procedures prescribed by law. China's Trademark Law stipulates that trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks. Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. Thus, in our country, the trademark right enjoyed by the trademark owner is obtained according to the principle of registration, that is, it is approved and registered by the state trademark administration authority. If a registered trademark is infringed by others, the trademark owner has the right to request the relevant authorities to protect it and investigate the legal responsibility of the infringer. As for unregistered trademarks, as long as they are not prohibited from being used as trademarks, they are allowed to be used, but users do not enjoy trademark rights and are not protected by trademark law.
2. Features
As a kind of intellectual property, trademark right is the wealth of trademark owners. Trademark right not only has the characteristics of intellectual property rights, but also differs from other intellectual property rights in content. Its legal characteristics mainly include the following aspects:
(1) exclusivity. Proprietary refers to the trademark owner's exclusive right to use his registered trademark. Once the right is acquired, it is exclusive and no one else can interfere. Without the permission of the trademark owner, others may not use the registered trademark without authorization.
(2) timeliness. Refers to the effective period of trademark rights. During its validity period, the trademark right is protected by law, and after its validity period, the trademark right is no longer protected by law. China stipulates that the effective period of trademark right is 10 year, and also stipulates that the trademark owner can request renewal at the expiration of the period.
(3) regionality. Trademark rights are strictly regional. In other words, the trademark right can only be protected by law in the country where the right is granted, and it has no legal effect in other countries. If the legal protection of other countries is needed, a separate application for trademark registration must be made in accordance with the laws of other countries.
(4) Trademark rights only include property rights, not personal rights.