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Intellectual Property Advantage Enterprise Benefits

Legal Subjectivity:

The company name has trademark rights. Trademark right is a type of intellectual property. It is only for your use, so the company that owns the intellectual property rights needs to register a trademark. Only after registration will the legal protection be stronger. 1. Trademark rights and patents are both categories of intellectual property. If you have a trademark, it is best to register it with the Trademark Office so that you can get better legal protection. Patent is also a kind of intellectual property. Characteristics of trademark rights: 1. Exclusivity, also known as exclusivity or monopoly, means that the trademark registrant has the exclusive right to use its registered trademark. The basic purpose of granting the owner of a registered trademark the exclusive right to use is to establish a fixed connection between a specific trademark and specific goods through registration, thereby ensuring that consumers can avoid confusion and receive accurate information about the source of the goods. In other words, any unauthorized use in commerce will constitute an infringement of trademark exclusive rights. This exclusive right manifests itself in three aspects: (1) The trademark registrant has the right to use its registered trademark on its approved goods, product packaging or services and service facilities in accordance with the relevant provisions of the Trademark Law. Others are not allowed to interfere; (2) The trademark registrant has the right to prohibit anyone else from using the same or similar trademark on the same or similar goods without his permission; (3) The trademark registrant has the right to permit others to use his or her registered trademark You can also transfer your registered trademark to others. This kind of permission or transfer must comply with legal provisions and perform certain legal procedures. 2. Timeliness refers to the validity period of the exclusive right of a trademark. Within the validity period, the exclusive right to use a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by law. The trademark laws of various countries generally stipulate the protection period for the exclusive right of trademarks. Some countries stipulate a longer period, and some countries stipulate a shorter period, ranging from twenty years to seven years, and most of them are ten years. The validity period of the exclusive right to use a trademark stipulated in my country's Trademark Law is ten years. Article 38 of the Trademark Law stipulates: “If a registered trademark has expired and needs to be continued to be used, it shall apply for renewal of registration within six months before the expiration. If the application is not made during this period, six months may be granted. If the extension period is not submitted, the registered trademark will be canceled for ten years. The registration renewal will be announced after it is approved. Protection is limited by geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and non-registered countries have no obligation to protect it. If a trademark registered in my country wants to obtain exclusive trademark rights and receive legal protection in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member states of the agreement through international intellectual property treaties such as the Madrid Agreement. 4. Property: The exclusive right to trademark is an intangible property right. The entire exclusive right of a trademark is an intellectual achievement, which embodies the efforts and labor of the right holder. Intellectual achievements are different from tangible material wealth. Although they need to be expressed through a certain carrier, the carrier itself does not have much economic value. What can only embody huge economic value is the intellectual achievements contained in the carrier. For example, the "Coca-Cola" trademark, "Quanjude" trademark, etc., the carriers of their trademarks: Coke, roast duck, etc. are not expensive things, but the trademark itself has extremely high economic value. After evaluation, the value of the "Coca-Cola" trademark Reaching more than 70 billion U.S. dollars, and "Quanjude" as China's national brand had an estimated value of 10.634 billion yuan in 2017. Through trademark value assessment, these trademarks can be regarded as intangible assets and become part of the enterprise's capital contribution. 5. Category Category: The Trademark Office of the State Administration for Industry and Commerce will review and approve the trademark based on the category and product (service) item name approved in the "Trademark Registration Application" submitted by the trademark registration applicant. The scope of protection of registered trademarks is limited to the approved categories and projects. Based on the "International Classification of Goods and Services for Trademark Registration" provided by the World Intellectual Property Organization, the "Classification Table of Similar Goods and Services" formulated by the State Trademark Office classifies goods and services. The total number is divided into 45 categories. In the same or similar categories and goods (services), only one trademark right holder is allowed to own the same or similar trademark. In different and similar categories, different right holders are allowed to own the same trademark. or similar trademarks.

Trademark rights belong to intellectual property rights, and the creation of trademarks is the result of the intellectual labor of the trademark owner. Moreover, the acquisition of trademark rights is basically the same as the acquisition of intellectual property rights, and the characteristics are very similar. Intellectual property rights are often also referred to as intellectual property rights. Property rights disputes are actually not unfamiliar. Various intellectual creations such as inventions, literary and artistic works, as well as logos, names, images and designs used in business can be considered as intellectual property rights owned by a certain person or organization. The most common ones are patent, copyright, trademark, etc. infringement. The law confirms interests, controls society by balancing conflicts, resolves social disputes, calms social contradictions, restores social normalcy, and promotes social development. Legal objectivity:

Article 123 of the "People's Republic of China and Civil Code"

Civil subjects enjoy intellectual property rights in accordance with the law.

Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

(1) works;

(2) inventions, utility models, Design;

(3) Trademark;

(4) Geographical indication;

(5) Trade secret;

(6) ) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects specified by law.