Legal analysis: Intellectual property rights mainly include trademarks, patents and copyrights.
the trademark right refers to the exclusive right of the trademark user to use the trademark according to law. It is the right of a trademark registrant to control its registered trademark according to law and prohibit others from infringing on it, including the exclusive right to use, benefit, dispose of, renew and prohibit others from infringing on its registered trademark. Applicants for trademark registration must be enterprises, institutions, social organizations, individual industrial and commercial households, individual partnerships and foreigners or foreign enterprises that meet the requirements of Article 9 of the Trademark Law.
the exclusive right to exploit a specific invention-creation within a certain period of time enjoyed by the inventor of the patent right or his assignee. The applicant shall submit a patent application in electronic or written form.
(1) If an applicant applies for a patent in the form of an electronic document, he shall go through the registration procedures for electronic applicants in advance and submit the application documents and other documents to the Patent Office through the electronic patent application system of the Patent Office.
(2) If an applicant applies for a patent in writing, he can submit the application documents and other documents to the acceptance window of the Patent Office in person.
Copyright refers to a series of exclusive rights enjoyed by the author of literary, artistic and scientific works in accordance with the law. Works of citizens, legal persons or other organizations in China, whether published or not, enjoy copyright.
Legal basis: Trademark Law of the People's Republic of China
Article 3 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.
the term "collective trademark" as mentioned in this law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in commercial activities, so as to show the membership of users in the organization.
the term "certification mark" as mentioned in this law refers to a mark controlled by an organization that has the ability to supervise a commodity or service and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service.
special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.
article 4 if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the trademark office for trademark registration. An application for registration of a malicious trademark that is not intended for use shall be rejected. [1]
the provisions of this law on commodity trademarks are applicable to service trademarks.
article 5 two or more natural persons, legal persons or other organizations may * * apply to the trademark office for registration of the same trademark, and * * * both enjoy and exercise the exclusive right to use the trademark.
article 6 goods that are required by laws and administrative regulations to use registered trademarks must apply for trademark registration. those that have not been approved for registration shall not be sold in the market.
article 7 the application for registration and use of trademarks shall follow the principle of good faith.
trademark users should be responsible for the quality of the goods in which they use trademarks. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management.
article 8 any mark that can distinguish the commodities of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional marks, color combinations and sounds, and the combination of the above elements, may apply for registration as a trademark.
article 9 a trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.
a trademark registrant has the right to indicate a "registered trademark" or a registration mark.