What are the ways to protect trademark rights? 1. Registration protection: The most effective way to protect a trademark is to protect it through registration.
According to the provisions of China's Trademark Law, only registered trademarks can be protected by the Trademark Law and related laws and regulations, while unregistered trademarks cannot be protected by the Trademark Law. Therefore, it is undoubtedly a shortcut to effectively protect brand names, especially those that have become famous brands.
At the same time, by adopting the fence strategy, registering a series of joint trademarks or defensive trade mark, and building a firewall around the main trademark, the purpose of active prevention and protection can be achieved. Hitchhiking? And then what? Cloning? . A joint trademark generally refers to several similar trademarks registered by the same trademark owner on the same or similar goods. Among these trademarks, the main trademark is the first registered or mainly used, and the rest are joint trademarks. Defensive trade mark refers to several identical trademarks registered by well-known trademark owners on goods (services) or similar goods (services) approved for use by registered trademarks, so as to prevent others from registering and using the same trademarks on these categories of goods or services. The original trademark is the main trademark, and the rest are defensive trade mark.
2. Objection protection: Trademark objection is the basic procedure of trademark substantive examination, which is used to protect trademarks with prior rights and interests. This is mainly to use the program to achieve the purpose of protection, which is relatively simple. At present, the Trademark Law stipulates that you can raise an objection to the trademark announced in the preliminary examination. If the trademark refuses to accept the ruling, it may also apply to the review Committee for review. If you refuse to accept it again, you can continue to bring an administrative lawsuit to the people's court.
3. Appraisal protection: A registered trademark that poses a threat to a previously registered trademark and is considered controversial or improperly registered, or a trademark that has been registered by improper means, can be protected by applying to the Trademark Review and Adjudication Board for cancellation. This is a remedy after missing the opportunity of objection, and it will take 2~4 years or even longer according to the procedure. Moreover, the problem is that the evaluated trademark is still considered as a valid registered trademark and protected before the reexamination decision.
4. Protection of well-known trademarks: special all-round cross-class protection is realized by identifying well-known trademarks. Have you applied to the State Trademark Office for approval? Active identification? Or through a tort case for judicial determination? Passive identification? There are two ways to solve this problem. In objection, review, infringement or litigation, it is recognized that a well-known trademark, as a strict legal concept, refers to a trademark that is widely known to the relevant public and enjoys a high reputation in China. At present, the protection of well-known trademarks in China has changed from the previous practice of batch identification and centralized management to the international practice of case identification and passive protection.
How to obtain the registered trademark right? 1, acquisition of the original registered trademark right
The application for trademark registration can be handled directly at the Trademark Office of China Administration for Industry and Commerce in Beijing, or it can be entrusted to a professional trademark agency. If the applicant is a foreigner or a foreign enterprise, it shall entrust a foreign-related trademark agency designated by the State Administration for Industry and Commerce. In Shanghai, there are trademark agencies in all districts. The agency fee (including the application fee) of a trademark, if applied in the name of a domestic legal person or individual, costs about 2,000 yuan per piece; Direct application in the name of foreign businessmen costs about $300 each. It generally takes 12- 14 months from the inquiry, application, acceptance and announcement to the issuance of the trademark registration certificate. China's Trademark Law stipulates that the validity period of a registration is 10 year, and the obligee can extend the right indefinitely without interruption.
2. Obtained by transfer
For a registered trademark, the ownership can be transferred by contract, but the exclusive right to use a trademark can only be obtained after application, announcement and other procedures and approval by the Trademark Office of the State Administration for Industry and Commerce.
3. Trademark license
This is a common way for trademark owners to allow others to use their registered trademarks, and the operating procedures are relatively simple. They only need to file a trademark license contract with the Trademark Office. It should be pointed out that well-known trademarks and well-known trademarks are not registered, but are independently recognized by the trademark authorities according to their statutory duties; Among them, well-known trademarks are recognized by the Trademark Office of the State Administration for Industry and Commerce, and Shanghai famous trademarks are recognized by the Shanghai Administration for Industry and Commerce. Because of its prominent position, well-known trademarks are specially protected by national laws and international conventions, such as cross-commodity protection, cross-border protection and cross-enterprise protection. Well-known trademarks are closely linked with well-known trademarks and are the basis of well-known trademarks. At home, it has also received extraordinary protection. Therefore, we suggest that enterprises in Shanghai and Taiwan actively participate in the selection of famous trademarks and actively cultivate corporate trademarks in order to obtain more legal protection.
That's what Bian Xiao has to offer you? How long is the protection period of the exclusive right to use a trademark? I hope you like it!