Trademark registration is generally divided into the following types:
1. Product trademarks and service marks. This is a division based on the different objects of use of trademarks. Product trademarks are signs that indicate the source of goods, while service trademarks are signs used by service providers to identify their services and distinguish them from others.
2. Collective trademark and certification mark. This is a classification based on the different purposes of trademark use.
3. Flat trademarks and three-dimensional trademarks. This is a classification based on the different forms of trademark formation.
4. Common trademarks and well-known trademarks. This is a classification based on the popularity of the trademark.
A trademark is a mark used to distinguish one operator’s brand or service from the goods or services of other operators. my country's Trademark Law stipulates that for trademarks approved and registered by the Trademark Office, including commodity trademarks, service marks, collective trademarks, and certification marks, the trademark registrant enjoys exclusive rights to the trademark and is protected by law. If it is a well-known trademark, he will obtain a cross-category trademark. Legal protection of exclusive rights. Trademarks are intangible assets of an enterprise. There is no fixed determination of the value of a trademark.
If someone else infringes on trademark rights, you can first negotiate and ask the other party to stop the infringement. If the other party ignores the infringement, you can sue and the court will make a legal judgment based on the circumstances of the case.
Prosecution is the act of filing a lawsuit in court in accordance with the law and requesting the court to try a specific case. Prosecution in the Civil Procedure Law refers to a litigation act in which a subject in a civil legal relationship requests the court for trial protection in his or her own name because his or her civil rights and interests, or those under his/her legal management and control, are infringed upon, or has a dispute with others. If you want to sue, you generally need to submit a complaint to the court. The contents of the complaint generally include: detailed information on both the original and defendant parties; the claims and the facts and reasons on which they are based; evidence and sources of evidence, and the names and addresses of witnesses. After the complaint is submitted to the court, if the conditions for prosecution are met, the court shall file the case within seven days and notify the relevant parties.
So, do you know how to classify trademark registration?
Legal basis
Article 3 of the "Trademark Law of the People's Republic of China" Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks and collective trademarks , certification trademark; the trademark registrant enjoys exclusive rights to the trademark and is protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
Article 4 of the "Trademark Law of the People's Republic of China" If a natural person, legal person or other organization needs to obtain the exclusive right to trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office Trademark registration. Bad-faith trademark registration applications that are not intended for use shall be rejected. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.
Article 3 of the "Civil Procedure Law of the People's Republic of China" The People's Court accepts lawsuits between citizens, legal persons, other organizations, and between them due to property relations and personal relations. In civil litigation, the provisions of this Law shall apply.
Article 123 of the "Civil Procedure Law of the People's Republic of China" When filing a lawsuit, a complaint shall be submitted to the People's Court, and copies shall be submitted according to the number of defendants.
If it is really difficult to write a complaint, you can file a complaint orally, and the people's court will record it and inform the other party.
Article 122 of the "Civil Procedure Law of the People's Republic of China" must meet the following conditions:
(1) The plaintiff has a direct interest in the case Citizens, legal persons and other organizations with relations;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.