As we all know, according to the provisions of the law, the use of trademarks can generally only be used by the trademark owner or with the authorization of the trademark owner. Using a trademark without permission may constitute a crime of trademark infringement.
Are there any geographical restrictions on the use of trademarks? For example, if I register a trademark in a small city in a certain province, is the registered trademark I use limited to this city? The answer is yes, but this geographical restriction is not a domestic geographical restriction, but an international one. Any trademark registered domestically can be used nationwide.
So in terms of trademark use, what are the restrictions on trademarks?
Exclusivity
Also known as exclusivity or monopoly, it means that the trademark registrant has the exclusive right to use its registered trademark. The basic purpose is to give the owner of a registered trademark the exclusive right to use. Any unauthorized use in business will constitute an infringement of the exclusive right to use the trademark.
1. The trademark registrant has the right to use its registered trademark on the goods, product packaging or services and service facilities approved for use in accordance with the relevant provisions of the Trademark Law, and no other person shall interfere;
2. The trademark registrant has the right to prohibit anyone else from using the same or similar trademark on the same or similar goods without its permission;
3. Trademark The registrant has the right to license others to use his or her registered trademark, and can also transfer his or her registered trademark to others. Such permission or transfer must comply with legal provisions and perform certain legal procedures.
Timeliness
That is, within the validity period, the exclusive right to use a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by law. The length of trademark protection varies from country to country. In our country, the term of trademark protection is generally ten years. If the period exceeds the period, it must be renewed. If the renewal procedures are not completed at the end of the period, the registered trademark will be cancelled.
Regionality
The exclusive right of a registered trademark only enjoys legal protection in the country where the trademark is registered, and non-registered countries have no obligation to protect it. If a trademark registered in my country wants to obtain exclusive trademark rights and receive legal protection in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member states of the agreement through international intellectual property treaties such as the Madrid Agreement.
Property
A trademark is an intangible asset of an enterprise, such as "Coca-Cola". The trademark itself has extremely high economic value, but its value can be Tangible estimates. When the trademark is unused or under other circumstances, the owner of the trademark can use it for other paid persons through transfer, licensing, etc., and exchange it for corresponding economic benefits, or realize its value through pledge.
Uniqueness
Our country has formulated the "Classification Table of Similar Goods and Services" to divide the total number of goods and services into 45 categories. In the same or similar categories and goods ( Only one trademark right holder is allowed to own the same or similar trademark in the service) project, and different right holders are allowed to own the same or similar trademark in different and similar categories.
If you have other questions about trademarks, please contact Zhejiang or call the 24-hour customer service hotline: Contact us!