First, trademark rights and patents are the classification of intellectual property rights. If you have a trademark, you'd better go to the Trademark Office for trademark registration, so that you can be better protected by law. Patent is also a kind of intellectual property.
Characteristics of trademark right
1, exclusive
Also known as exclusivity or monopoly, it means that a trademark registrant enjoys the exclusive right to use its registered trademark. The basic purpose of granting the exclusive right to the owner of a registered trademark is to establish a fixed relationship between a specific trademark and a specific commodity through registration, so as to ensure that consumers can avoid confusion and obtain accurate information on the source of the commodity. In other words, all unauthorized commercial use will constitute an infringement of the exclusive right to use a trademark. This exclusive right is manifested in three aspects:
(1) A trademark registrant has the right to use its registered trademark in accordance with the relevant provisions of the Trademark Law on the commodities, commodity packaging or services and service facilities that it has approved for use, and no one else may interfere;
(2) Without the permission of others, the trademark registrant has the right to prohibit others from using the same or similar trademarks on the same or similar goods;
(3) A trademark registrant has the right to license others to use its registered trademark or transfer its registered trademark to others. Such license or transfer shall comply with the law and perform certain legal procedures.
Step 2 be timely
Refers to the term of validity of the exclusive right to use a trademark. During the period of validity, the exclusive right to use a trademark is protected by law. If it is not renewed after the period of validity, it will no longer be protected by law. Trademark laws in various countries generally stipulate the protection period of the exclusive right to use a trademark. Some countries set a longer time limit, while others set a shorter time limit, ranging from 20 to 7 years, mostly 10 years. China's Trademark Law stipulates that the exclusive right to use a trademark is valid for ten years. Article 38 of the Trademark Law stipulates: "Where a registered trademark needs to be used continuously after its expiration, it shall apply for renewal of registration within six months before its expiration. If the application is not made within this time limit, a grace period of 6 months can be given. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled. Each renewal of registration is valid for ten years. After the renewal of registration is approved, it will be announced. "
3. Regionality
The protection of the exclusive right to use a trademark refers to the restriction of geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and the non-registered country has no obligation to protect it. If a trademark registered in China wants to obtain the exclusive right to use a trademark and be protected by law in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member countries of the agreement through international intellectual property treaties such as the Madrid Agreement.
4. Property
Trademark exclusive right is an intangible property right. The whole of the exclusive right to use a trademark is an intellectual achievement, which embodies the painstaking efforts and labor of the obligee. Intellectual achievement is different from tangible material wealth. Although it needs to be expressed by some kind of carrier, the carrier itself does not have much economic value, and only the intellectual achievements contained in the carrier can reflect great economic value. For example, the trademarks of Coca-Cola and Quanjude, and the carriers of their trademarks, such as Coca-Cola and roast duck, are not valuable things, but their trademarks themselves have extremely high economic value. According to the evaluation, the trademark value of Coca-Cola has reached more than 70 billion US dollars, and the evaluation value of Quanjude as a national brand in China in 20 17 years is 65,438+. Through the evaluation of trademark value, these trademarks can be used as intangible assets to become part of the enterprise's capital contribution.
5. Types
Category, the Trademark Office of the State Administration for Industry and Commerce shall examine and approve the categories and commodity (service) project names approved in the trademark registration application submitted by the trademark registration applicant. The scope of protection of registered trademarks is limited to approved categories and projects. The Classification Table of Similar Goods and Services formulated by the State Trademark Office is based on the International Classification of Goods and Services with Registered Trademarks provided by the World Intellectual Property Organization, which divides goods and services into 45 categories. Only one trademark owner is allowed to own the same or similar trademarks in the same or similar categories and goods (services) projects, and different trademark owners are allowed to enjoy the same or similar trademarks in different or similar categories.
Trademark rights belong to intellectual property rights, and the creation of trademarks is the result of intellectual labor of trademark owners. The acquisition of trademark rights is basically consistent with the acquisition of intellectual property rights, with extremely similar characteristics.
Intellectual property, also known as the ownership of knowledge. In fact, property rights disputes are no strangers. Inventions, literary and artistic works and other intellectual creations, as well as signs, names, images and designs used in business, can all be regarded as intellectual property rights owned by a person or an organization, and the most common infringements are patents, copyrights and trademarks. Law affirms interests, controls society by balancing conflicts, resolves social disputes, calms social contradictions, restores social normality and promotes social development. It is recommended that you master the necessary legal knowledge of intellectual property rights to avoid being infringed without knowing it.
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