What is the subject of trademark protection?

The subject of trademark protection refers to the person who has the right to obtain trademark protection in our country. Including Chinese citizens, legal persons or organizations, as well as foreigners and foreign enterprises that meet certain conditions. What are the methods of trademark protection?

Trademark protection is through trademark registration, ensuring that the trademark registrant has the exclusive right to identify goods or services, or to license others to use them for remuneration, so that the trademark registrant and Trademark users are protected.

There are two ways to protect trademarks: one is for the national industrial and commercial administration departments at all levels or the public security economic investigation department to proactively exercise their power to investigate and deal with counterfeit registered trademarks and trademark infringement cases that occur within the main jurisdiction in accordance with the law. The other is for enterprises and individuals to report trademark violations or criminal acts to the above two authorities, or for the relevant trademark rights holders to sue the court for trademark infringement. 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 limited to the approved registered trademark and the goods approved for use. Any form of self-change is 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 statutory 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 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 severity 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 the 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

The above is what the editor has given you What is the subject of trademark protection? I hope you like it! Trademark protection