Knowledge Set (Two)

There are some trademarks related issues below.

What is trademark registration?

Trademark registration refers to the fact that the trademark user applies the trademark to the Trademark Office of the state for registration application in accordance with the conditions and procedures prescribed by the law, and is permitted to register by the State Trademark Office in accordance with the law.

In China, trademark registration is the legal basis for determining the exclusive right to use a trademark.

Once the trademark user is allowed to register, it means that he has obtained the exclusive right of the trademark and is protected by law.

What is trademark exclusive right?

The exclusive right to trademark includes two aspects: the right to use trademark and the right to prohibit trademark.

The right to use the trademark refers to the right of the trademark owner to use his registered trademark on the commodities approved by the trademark office or on the service items.

The trademark prohibition right refers to the right that the trademark owner can prohibit other units or individuals from using the same or similar trademarks with their registered trademarks without permission from the commodities or service items that are identical or similar to the approved commodities or service items.

How are trademarks classified?

What are trade marks and service marks?

According to the World Intellectual Property Organization's international classification of goods and services for trademark registration, trademarks are classified into 42 categories.

Among them, the 1-34 category is the trade mark, and the 35-42 category is the service trademark.

Trademark: refers to the mark used by producers or operators of goods to distinguish their goods from others' products.

Service mark: a mark used by service providers to distinguish their services from those provided by others.

Why do companies want to register trademarks?

First, a registered trademark is the prerequisite for obtaining the exclusive right to use a trademark, and the registered trademark can be protected by law.

Second, trademark is the intangible assets of enterprises, and is also the basis for consumers to choose products or services.

A good company needs not only good products and services, but also good trademarks, whether it is Coca-Cola in the US or Haier in China.

Even if Coca-Cola and Haier lose all their property overnight, they can rebuild quickly, relying on the huge intangible assets formed by their trademarks, and the value of trademarks has far exceeded the value of their tangible assets.

Why do enterprises need to go through trademark alteration procedures in a timely manner?

In the period of validity of registration, when the name or address of the registrant changes, the trademark shall promptly go to the Trademark Office for corresponding change procedures.

The names of enterprises, institutions and individual business operators can not automatically inherit some of their original rights after changing their names. They must continue to enjoy their rights only after they have fulfilled certain formalities.

Timely processing of trademark alteration procedures enables trademark registrants to legitimately use their rights and receive effective legal protection.

What is a famous trademark?

A well-known trademark is a registered trademark that enjoys a high reputation in the market and is well known to the public.

The Trademark Office of the State Administration for Industry and commerce is responsible for the recognition and management of well-known trademarks.

Only trademarks that have been recognized by the trademark office according to law can be called well-known trademarks.

No organization or individual shall identify or adopt other disguised forms to identify well-known trademarks.

What are the advantages of enterprises applying for famous trademarks?

According to the Provisional Regulations on the recognition and management of well-known trademarks, the well-known trademarks have the following legal effect: the trademark that the trademark is identical or similar to the well-known trademarks of others is applied for registration on a non similar commodity, and may damage the rights and interests of the well-known trademark registrants, thereby forming the adverse effects described in item eighth (9) of the commercial code law. The Trademark Office of the State Administration for Industry and Commerce has rejected its registration application; the registered trademark has been registered within five years from the date of registration, and the well-known trademark registrant may request the Trademark Review and Adjudication Board of the State Administration for Industry and commerce to revoke the registration, but malicious registration is not limited by time.

If a trademark is similar to another well-known trademark, it will be used on a non similar commodity, and it will imply that there is a certain connection between the commodity and the registered trademark of a well-known trademark, which may damage the rights and interests of the well-known trademark registrant. The well-known trademark registrant may request the administrative authorities for Industry and commerce to stop it within two years from the date of knowing or knowing it.

Since the date of the identification of a well-known trademark, the other person will use the same or similar text of the well-known trademark as part of the enterprise name and may cause public misrecognition. The industrial and commercial administrative authority shall not approve the registration. The registered trademark registrant may request the administrative department for Industry and commerce to revoke it within two years from the date of knowing or knowing it.

According to the provisions of the Paris convention, according to the provisions of the "Convention", the company has the following legal effect: the trademark registration authority or the competent authorities of the user countries believe that a trademark has become a well-known trademark in the country and has become the holder of the interests of the Convention. When another trademark constitutes a copy, imitation or plation of the well-known trademark, and when it is used for the same or similar commodities, it is easy to cause confusion. The allies should reject or cancel the registration of the other trademark, and prohibit the use of the trademark, if permitted by the domestic law or at the request of the parties concerned.

The main part of a trade mark should be applied to the copying of well-known trademarks or the counterfeit causing confusion.

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