a trademark is a mark used to distinguish one operator's brand or service from other operators' goods or services. China's trademark law stipulates that trademarks approved and registered by the Trademark Office include commodity trademarks, service trademarks, collective trademarks and certification trademarks. Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. If they are well-known trademarks, they will be protected by cross-category laws. A trademark is a remarkable sign that a commodity or service is a commodity or service produced or provided by a specific individual or enterprise.
trademark registration is a legal procedure for obtaining the exclusive right to use a trademark. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark in its production and business activities, it shall apply for trademark registration. A registered trademark is a registered trademark. Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The exclusive right to use a trademark is limited to the registered trademark and the goods or services approved for use.
registered trademarks include commodity trademarks, service trademarks, collective trademarks and certification trademarks. Goods that are required by laws and administrative regulations to use registered trademarks must apply for trademark registration, and those that have not been approved for registration may not be sold in the market. Trademark registration is the premise and condition for trademark users to obtain the exclusive right to use trademarks. Only registered trademarks are protected by law. The principle of trademark registration is the basic criterion for determining the exclusive right to use a trademark. The choice of different registration principles is the result of weighing the relationship between legal certainty and legal fairness in this issue.
a trademark is an intangible asset of an enterprise, and there is no very fixed judgment on the value of a trademark. The value of a trademark as an asset in the process of investment or operation, that is, the amount of capital contained in the trademark assets. It refers to its capital value, not its honorary or subjective value. Common value judgment usually depends on the recognition and acceptance of the trademark, and is evaluated by the estimated value that the trademark can bring to the enterprise.
How to obtain trademark ownership 1. Applying for trademark registration is the most traditional and common way to obtain a registered trademark. Enterprises or individuals can apply for trademark registration to the Trademark Office in person or by entrusting a trademark agency in accordance with the registration conditions, principles and procedures stipulated by the state. A trademark that has been examined and approved by the Trademark Office is a registered trademark, and a trademark registrant can enjoy the exclusive right to use a trademark. Generally speaking, applying for trademark registration should go through the stages of trademark inquiry, preparation of materials, formal examination, substantive examination, preliminary examination announcement and registration announcement. If it is successful, it will take about one and a half years to register a trademark. However, there are still risks such as rejection and objection in the process of trademark registration. If an enterprise chooses to apply for trademark registration to obtain a trademark, it must be cautious and fully understand the Trademark Law. If this can't be done, then it is suggested that enterprises should find a professional and reliable trademark agency to consult or handle trademark registration matters on their behalf. 2. Trademark License Article 43 of China's Trademark Law stipulates: "A trademark registrant may license others to use his registered trademark by signing a trademark license contract." In other words, enterprises can use other people's registered trademarks for compensation by signing a trademark license contract, which is what we usually call authorized use. Enterprises can sign general license, exclusive license or exclusive license with trademark holders according to their needs. Besides, they can choose full license or partial license according to the wishes of both parties. Generally speaking, the greater the license authority they want, the higher the remuneration they pay. After the enterprise signs a trademark license contract with the trademark registrant, the trademark owner will report the trademark license to the Trademark Office for the record, and the Trademark Office will make an announcement. 3. Trademark Transfer Article 42 of China's Trademark Law stipulates that the owner of a registered trademark may transfer his registered trademark to others within the scope permitted by law. In other words, enterprises can buy other people's registered trademarks in a paid way. Both parties to the transaction negotiate freely and sign the transfer agreement, and then * * * apply to the Trademark Office, and make an announcement after approval by the Trademark Office. Different from trademark licensing, the transfer of a trademark means that the enterprise has obtained the ownership of the trademark, that is to say, the trademark belongs to the purchasing enterprise completely. Once the transfer is successful, there is no need to sign other contracts or pay other fees. However, I remind you that if the original trademark holder still owns the same or similar trademarks registered on the same or similar goods, the enterprise may require the original trademark holder to transfer these trademarks to itself when purchasing trademarks.
to sum up, there is no trademark to produce products. You can consult relevant lawyers for details.
legal basis: article 6 of the trademark law of the people's Republic of China, where a registered trademark is required by laws and administrative regulations, a trademark registration must be applied for, and those that have not been approved for registration shall not be sold in the market.