Legal Analysis

Trademark rights refer to the exclusive and exclusive rights enjoyed by trademark owners over their trademarks. Since the acquisition of trademark rights in my country follows the registration principle, trademark rights are actually exclusive rights applied by the trademark owner and confirmed by the National Trademark Office, that is, exclusive rights arising from trademark registration. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, or a combination of the above elements.

Legal Basis

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, and designs; (3) trademarks; (4) geographical indications; (5) trade secrets; 6) Integrated circuit layout design; (7) New plant varieties; (8) Other objects specified by law.

Article 1,185 If the intellectual property rights of others are intentionally infringed and the circumstances are serious, the infringed party has the right to request corresponding punitive damages.