In the common sense judgment part, the scope of examination is becoming wider and wider, including geography, humanities, physics, chemistry, medicine. From 2010, political economy was also added to the national examination, and the examination content began in 2011. National conditions and humanities have been added. The examination requirements for candidates are also becoming more and more stringent, and the difficulty is higher than a few years ago.

2020 National Examination Common Sense Judgment: Things About Trademarks

1. What is a trademark?

Trademark rights refer to the rights of the trademark owner to The exclusive and exclusive rights enjoyed by 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.

2. How to obtain a trademark?

1. Principle of registration: To obtain exclusive rights to a trademark, you must register the trademark (a trademark may not be registered, but without registration it will not receive legal protection , you cannot obtain the exclusive right to use it, and others can also use the same trademark).

2. First-to-apply principle: Whoever applies first and meets the application conditions can get it.

3. Circumstances for granting trademark rights:

Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers , three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

4. Situations in which trademark rights are not granted:

(1) only the common name, graphics, and model of the product;

(2) only Directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Lack of distinctive features.

If the marks listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

3. Does trademark right also have a validity period?

The validity period of a registered trademark is 10 years, starting from the date of approval. It can be renewed upon expiration. Each renewal is valid for 10 years and there is no limit to the number of renewals.

If the registered trademark expires and needs to be continued to be used, the trademark registrant shall handle the renewal procedures in accordance with the regulations within twelve months before expiration; if it fails to do so during this period, it may be granted six months of extension period. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.

4. Is the trademark infringed?

1. Using a similar or similar trademark to the registered trademark on the same or similar goods without the permission of the owner of the registered trademark;

2. Selling goods that are knowingly counterfeit registered trademarks;

3. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

p>

4. Intentionally providing facilities for infringement of the exclusive right to use a registered trademark;

5. Causing other damage to others’ exclusive right to use a registered trademark.

5. What should I do if my trademark rights are infringed?

1. The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the national trademark registration and management.

2. There are three ways to legally protect trademark rights:

(1) The infringed party has the right to request the industrial and commercial administration department to order the infringer to stop infringement, compensate for losses, seal up or seize the infringer trademark logos, eliminate logos on existing goods or packaging, impose fines, etc.

(2) The infringed party has the right to file a lawsuit in the People's Court.

(3) For those who counterfeit other people’s registered trademarks, in addition to being held accountable for administrative and civil liability, if it constitutes a crime, the person directly responsible for the crime may also be held criminally accountable by the judicial authorities in accordance with the law.

6. Trademark Termination

1. Due to the expiration of the legal validity period of the registered trademark and the failure to renew the registration, the registered trademark was cancelled, and the trademark rights were terminated.

2. The trademark right is terminated due to the trademark registrant automatically applying for cancellation of registration.

3. Due to a registered trademark dispute, the Trademark Review and Adjudication Board ruled to cancel the registered trademark, resulting in the termination of trademark rights.

4. Trademark rights are terminated due to the death or termination of the trademark registrant.

5. Due to improper trademark registration, the registration was revoked by the Trademark Office or the registration was revoked by the Trademark Review and Adjudication Board, resulting in the termination of trademark rights.

6. Because the trademark registrant violated the provisions of the Trademark Law, the Trademark Office revoked his registered trademark, resulting in the termination of trademark rights.