Trademark right, as a right recognized by law, is set by law, protected by law and exists in a certain legal relationship. Therefore, to accurately understand trademark rights, we must understand the subject, object and content that constitute trademark rights. 1. The subject of the trademark The subject of the trademark right refers to the owner of the registered trademark, that is, the subject of the rights. To understand who can become the subject of trademark rights, we must have some necessary understanding of the subject of registered trademark applicants. Who can become an applicant for a registered trademark? According to Articles 4 and 9 of my country’s Trademark Law and Article 2 of the Implementing Rules of the Trademark Law, enterprises, institutions, social groups, individual industrial and commercial persons, and individuals established in accordance with the law If a partnership needs to obtain the exclusive right to trademark for the goods it produces, manufactures, processes, selects or distributes, or the services it provides, it shall apply to the Trademark Office for registration of a goods or service trademark. According to the above provisions, enterprises, institutions, social groups, individual businesses, individual partnerships, as well as foreign citizens or legal persons who have signed an agreement with China or have jointly participated in international conventions or mutually protected trademark rights based on the principle of reciprocity, shall They can all apply to register a trademark in my country. Once their application is approved, they will become the subject of my country's trademark rights. It can be seen that the subjects of trademark rights in my country are very broad. Moreover, with the development of my country's commodity economy and the needs of the objective situation, some new forms of economic organization will continue to emerge, and the scope of trademark rights will also expand. The main subject of trademark rights is the trademark owner, who is the subject of the rights. However, there are both rights subjects and obligation subjects. Therefore, the obligation subject is also one of the subjects of trademark rights. 2. Objects of trademark rights The objects of trademark rights refer to registered trademarks approved and registered by the State Trademark Office. Even though an unapproved registered trademark has been used by production, operation and service providers, it cannot become the object of trademark rights. When applying for a registered trademark, you must comply with the provisions of the Trademark Law in terms of application procedures, trademark components, trademark characteristics, etc. before you will be approved for registration and the trademark applicant will be granted trademark rights. Only a trademark that has been approved for registration can become the object of trademark rights. my country's Trademark Law stipulates that the conditions for applying for trademark registration mainly include the following aspects: (1) A trademark must have statutory constituent elements. The legal elements that constitute a trademark mainly refer to the words, graphics or a combination of the two used in a trademark. A trademark can use words or graphics alone, or a combination of graphics and text. These are the trademark components clearly stipulated in my country's Trademark Law. Any trademark that does not consist of statutory elements but consists of other elements will not be approved for registration. Does the statutory element of trademark law include color? my country’s Trademark Law does not clarify this, but Article 9 of the Law’s Implementing Rules stipulates: “Color trademarks with designated colors shall be submitted with colored patterns.” Therefore, it can be considered that in this case, color is also a constituent element of the trademark. (2) The trademark must have distinctive features. No matter what elements it is composed of, a trademark must have its own unique and distinctive features that are easy for consumers to identify and purchase goods. The more obvious the characteristics of a trademark, the easier it is to identify, and the more conducive it is to open up sales of goods. Therefore, having distinctive features is also one of the important conditions for applying for registration. If this condition is not met, it is impossible to obtain approval. The following situations do not have distinctive features: 1. Such as "grape" wine, "orange" sugar or orange, grape graphics, etc.; 2. Spark graphics on electrical appliances and D on machine tools, etc.; 3. "Fast" self-selected cars, "bright" "Light bulbs, "clean" detergents, "pleasant" speakers, "warm" cold-proof clothing, etc. The words or graphics listed above cannot be registered as trademarks and are exclusive to one company. Because product names and product logos can be used, words and graphics that indicate product quality and performance cannot distinguish manufacturers and may lead to trademark confusion. (3) The trademark must not be confused with the registered trademark of others. The so-called confusion includes two situations: identical or similar. If the trademark applied for registration is confused with someone else’s trademark, it will be rejected.

"Products certified for use" refer to the specific products approved by the Trademark Office and designated to use a certain trademark. The trademark owner's exercise of the exclusive right to use the trademark must be strictly limited to the above scope. Only in this way can the exclusive right of trademark be protected by law. Otherwise, if it exceeds the scope of rights of "approved registered trademarks and approved products for use", for example, if the trademark owner not only uses the approved registered trademark, but also uses it with other products that are not designated for use at the time of registration, it will be It will be severely dealt with by the Trademark Office and may even revoke its registered trademark. 2. Right of Prohibition The right of prohibition means that the owner of a registered trademark has the right to prohibit anyone from using the same or similar trademark on the same or similar goods without his permission; the owner has the right to prohibit others from selling counterfeit registered trademarks. products; has the right to prohibit others from counterfeiting or manufacturing the registered trademarks without authorization, or from selling counterfeit or unauthorized registered trademarks; has the right to prohibit others from other infringements that damage the exclusive right to use the trademark. For the above-mentioned illegal acts that infringe on the exclusive right to use a trademark, the owner of the trademark right has the right to request instructions from the relevant industrial and commercial administrative departments or the people's court to hold the infringer accountable for administrative liability, civil liability, and even criminal liability. The combination of the positive and negative aspects of exclusive rights and prohibition rights constitutes the complete rights content of registered trademark rights. All owners or organizations other than trademark rights are in the position of obligated subjects in the legal relationship of trademark rights. During the validity period of the registered trademark, they (they) have the obligation to do nothing, that is, they shall not take any action to hinder or interfere with the trademark owner's exercise. trademark rights or in any way harm the legitimate rights and interests of the trademark owner.