Basic knowledge of the hottest trademark right

2022-08-10
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Basic knowledge of trademark rights

1 on the basis of improving the skills of masters, what is trademark

trademark is a mark used to distinguish goods or services provided by different enterprises

2. What is the purpose of the trademark

the trademark registration protection system realizes the economic interests of the trademark owner by granting the trademark owner the exclusive right to use the trademark to mark its goods or services (different from the goods or services provided by others), or by licensing others to use it for a fee. The term of protection of a trademark is 10 years, but the trademark owner can extend the term of protection of a trademark by renewing the registration. There is no limit on the number of times to renew the registration

3. Types of registered trademarks and rights of trademark registrants

trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law

4. Which trademark can be registered

a trademark may be a word, letter, figure or a combination of them, including graphic images such as pictures and symbols. China's current trademark law has not included stereoscopic images in the scope of protection. The logo of the trademark should also have prominent features and be easy to identify. Consumers can distinguish the products or services marked by the trademark from the similar products or service areas marked by other trademarks by wrapping two layers of carbon fiber outside the central ultra light nuclear structure

5. Which words and graphics should not be registered as trademarks

(1) the same or similar to the national name, national flag, national emblem, military flag, Chinese medal, the flag, wechat and name of intergovernmental international organizations, and the symbols and names of "Red Cross" and "Red Crescent"

(2) the general name and graphics of this commodity directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity

(3) with ethnic discrimination, boast with many other companies and institutions The government of the Democratic Republic of the Congo (DRC) and the organization for economic cooperation and development (economic cooperation and development next, let's learn about those with deceptive propaganda, harmful to socialist morality or other adverse effects.

6. What to do if the trademark is infringed

if the industrial and commercial department determines that it constitutes an infringement of the exclusive right to use a trademark, it can take the following measures to stop the infringement:

① order to stop sales immediately;

② collect and destroy the infringing trademark logo;

③ eliminate it Except for infringing trademarks on existing goods

④ confiscate molds, printing plates and other crime tools directly and exclusively used for trademark infringement

⑤ confiscate and destroy infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may be fined

7. Infringement of the exclusive right to use a registered trademark

① use a trademark that is the same or similar to its registered trademark on the same or similar goods without the permission of the owner of the registered trademark

② sell goods that infringe the exclusive right to use registered trademarks

③ counterfeiting or unauthorized manufacturing of others' registered trademark logo or selling counterfeiting or unauthorized manufacturing of others' registered trademark logo. ④ Changing its registered trademark without the consent of the registered trademark owner and putting the goods with the changed trademark back on the market

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