(1) Registration protection is limited to the approved registered trademark.
If the trademark actually used by a person is inconsistent with the registered trademark, not only will the exclusive right to use the trademark not be effectively protected, but it may also have four consequences: First, it will constitute a change of the registered trademark on one's own initiative. The illegal act of text, graphics or their combination; second, if the trademark that is changed on its own is obviously different from the approved registered trademark, and the registered mark is also marked, it constitutes the illegal act of passing off a registered trademark; third, if the changed trademark Being similar to someone else's registered trademark will constitute an infringement of the exclusive rights of others' trademarks; fourth, the registered trademark will be revoked due to non-use for three consecutive years.
(2) The protection of the exclusive right of a registered trademark is limited to the goods approved for use.
If the goods actually used by the trademark registrant are inconsistent with the goods approved for use, not only will it not be able to effectively protect its trademark exclusive rights, but it may also bring three consequences: First, the registered trademark is used beyond the scope of the approved goods. , constitutes an illegal act of counterfeiting a registered trademark; second, the registered trademark was revoked because it was not used on the approved goods for three consecutive years; third, the registered trademark was used beyond the scope of the approved goods (except for goods similar to the approved goods). Acts that constitute infringement of other people's trademark rights.
What matters need to be paid attention to when protecting trademarks?
(1) The protection of an enterprise’s exclusive right to register a trademark is only limited to the approved registered trademark and the approved goods for use. Any form of voluntary change are not protected by law.
(2) Enterprises should pay close attention to the release of authoritative information such as the "China Trademark Network", and submit applications within the legal period for trademarks that are applied for registration or have been registered by others that are suspected of conflicting with the company's prior rights. Trademark opposition or dispute application.
(3) Enterprises should make full use of sales outlets as trademark rights protection positions, actively train relevant sales personnel, strengthen inspections of surrounding markets through sales personnel, promptly discover infringement clues, and improve the effectiveness of rights protection.
(4) When an enterprise discovers that others are suspected of infringing on its registered trademark rights, it should promptly formulate and take countermeasures, collect and notarize the following evidence: 1. Infringing goods and trademark logos; 2. Sales contract and vouchers; 3. Photos of production, sales, storage and transportation sites; 4. Other relevant evidence.
(5) For cases of suspected infringement that have been initially verified, methods such as negotiating with the infringing party, complaining to the industrial and commercial administration and other departments, filing a lawsuit with the People's Court, and reporting the case to the public security department should be adopted according to the seriousness of the circumstances. deal with.
(6) When an enterprise requests the industrial and commercial administrative department for handling, it should complain to the industrial and commercial administrative department at or above the county level (including county level) where the illegal act occurred, and submit the following materials:
< p>1. Complaint: including the complainant’s name, address, contact information, the respondent’s name, address, infringement facts and related circumstances, the legal basis and requirements for the complaint, the date of the complaint, etc.;< p>2. Proof of subject qualifications: including a copy of a valid business license or proof of identity, proof of trademark ownership, etc.;3. Evidence of infringement: including infringing objects, trademark logos, relevant bills, photos, etc.
If you entrust a complaint, you must submit a valid power of attorney and the identity certificate of the entrusted person.
(7) Enterprises can apply to the General Administration of Customs for trademark intellectual property registration according to actual needs to strengthen trademark protection in the import and export links.
(8) Enterprises can apply for recognition of well-known trademarks, expand the scope of trademark protection, and enhance the intensity of trademark protection.
There are two ways to identify well-known trademarks: administrative and judicial. The administrative agencies with the power to identify well-known trademarks are the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board, including the Trademark Office in trademark management cases and trademark opposition cases, and the Trademark Review and Adjudication Board in trademark opposition review and trademark dispute cases. The judicial authorities with the power to identify well-known trademarks are the Intermediate People's Court of the city where the people's government of the province or autonomous region is located, the Intermediate People's Court of the city under separate state planning, the Intermediate People's Court within the jurisdiction of the municipality directly under the Central Government, and other Intermediate People's Courts approved by the Supreme People's Court.
(9) Enterprises should implement risk control, establish a trademark exclusive rights early warning mechanism based on the characteristics of the enterprise, and formulate plans to deal with trademark exclusive rights disputes.
(10) Enterprises can rely on the legal advantages of intermediary organizations such as law firms and trademark agencies or relevant industry associations to integrate resources and enhance the effectiveness of protection.