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What are the legal attributes of a trademark?

Has the following attributes:

1. Trademarks are subordinate to goods, that is, trademarks are an inevitable product of the commodity economy;

2. Trademarks are property Attributes belong to the trademark registrant;

3. The trademark is competitive;

4. The trademark is exclusive and cannot be used by other operators without permission.

Exclusiveness The exclusivity of trademark rights is also known as exclusivity or monopoly, timeliness, geography and transferability.

The details are as follows:

1. Exclusiveness The exclusivity of trademark rights is also called exclusivity or monopoly, which means that the owner of a registered trademark has exclusive rights to his registered trademark. Right to use, no other unit or individual may use the registered trademark without the permission of the registered trademark owner;

2. Temporality The temporality of trademark rights is also called statutory temporality, which means that the trademark right is A right with a time limit, which is protected by law only within the validity period. After the validity period, the trademark right is terminated and no longer protected by law;

3. Regional trademark rights are strictly regional. This is determined by the domestic legal nature of trademark rights;

4. As a kind of property right, transferable trademark rights can be transferred or licensed by the trademark registrant under certain conditions.

Characteristics of trademark rights

1. The particularity of the object of trademark rights. As mentioned above, the object of trademark rights is the essential characteristic of trademark rights. It is a civil rights object that coexists with material products (that is, tangible objects in the sense of civil law) and belongs to the category of intellectual products.

2. Certainty of the scope of trademark rights. There are certain limitations to the scope of trademark rights, which are mainly composed of two parts: the right to use and the right to prohibit, that is, they can only enjoy the goods or services approved for use and the registered trademark. Exclusive rights. In this regard, Zeng Chenmingru believes that "a registered trademark does not have absolute rights, but is limited to relative rights for certain goods." That is to say, "the restrictions on the principle of commercial freedom by trademark exclusive rights cannot exceed the legislation." "It is worth noting that one of the contents of trademark rights - the right of prohibition - has a scope greater than the exclusive right of the trademark, that is, the trademark owner has the right to prohibit others from using the same or similar goods without permission. The same or similar words, graphics, letters, numbers, three-dimensional logos and color combinations as registered trademarks, or combinations thereof.

3. The uncertainty of the term of trademark right protection. The uncertainty of the protection period of trademark rights is mainly reflected in the fact that the trademark owner can apply to the competent authority for renewal after the statutory protection period expires. Through this procedure, the trademark owner can always use the registered trademark. On the contrary, the trademark owner can terminate the use of the registered trademark by not renewing or voluntarily giving up the trademark rights.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 25 The applicant for trademark registration shall have the right to register his or her trademark in a foreign country. If an application for trademark registration is filed in China with the same trademark for the same goods within six months from the date of filing a trademark registration application, the foreign country shall apply for trademark registration in accordance with the agreement signed between the foreign country and China or an international treaty to which both countries are parties, or in accordance with the mutual agreement. Priority can be enjoyed by recognizing the principle of priority.

If you claim priority in accordance with the preceding paragraph, you must submit a written statement when filing an application for trademark registration, and submit a copy of the first trademark registration application document within three months; if you fail to submit a written statement Or if a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that priority has not been claimed.