I. Definition and characteristics of trademarks
A trademark is a specific symbol used by a merchant on a commodity or its packaging to distinguish the source of its commodity or service. It has the characteristics of distinctiveness, uniqueness and identifiability, and can help consumers identify different brands of goods or services.
Second, the relationship between trademarks and intellectual property rights
Intellectual property refers to people's exclusive right to the fruits of their intellectual labor, including patent right, trademark right and copyright. Trademark, as a kind of intellectual property, aims to protect the unique logo of merchants from being infringed by others and ensure that consumers can accurately identify the source of goods or services.
The acquisition of trademark rights usually requires registration procedures. After registration, the trademark owner enjoys the exclusive right to use the trademark and has the right to prohibit others from using the same or similar trademark without permission. The scope of protection of trademark rights includes prohibiting others from using the same or similar trademarks on the same or similar goods, and preventing others from maliciously squatting and counterfeiting trademarks.
Third, the status of trademarks in the intellectual property system.
Trademarks play an important role in the intellectual property system. It is not only the core component of enterprise brand image, but also an important tool for enterprises to participate in market competition. Through the protection of trademarks, enterprises can maintain their brand image and market position and prevent unfair competition and infringement.
At the same time, trademarks are also an important driving force for enterprise innovation and development. Through the investment and protection of trademarks, enterprises can stimulate innovation vitality, promote product upgrading and service optimization, and improve market competitiveness.
To sum up:
As an important part of intellectual property rights, trademarks play an important role in protecting the unique logo of merchants, maintaining brand image and market position, and promoting innovation and development. Enterprises should strengthen the protection and management of trademarks, ensure the legitimacy and effectiveness of trademark rights, and lay a solid foundation for the long-term development of enterprises.
Legal basis:
the trademark law of the people's republic of china
Article 3 provides that:
Trademarks approved for registration 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.
the trademark law of the people's republic of china
Article 57 provides that:
Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(seven) causing other damage to the exclusive right to use a registered trademark of others.