after registration, only the trademark owner can have the right to use it, and others can't use it without the permission of the owner. On the one hand, this regulation is to facilitate producers to maintain the reputation of their products in order to better sell their products; On the other hand, it is also responsible to consumers.
Therefore, China's Trademark Law, Criminal Law and General Principles of Civil Law have made special provisions on the protection of the exclusive right to use a registered trademark. It is illegal to use another person's trademark without the permission of the trademark registrant, and to forge or imitate another person's registered trademark.
according to the trademark indication, using a trademark similar to other registered trademarks on the same kind of goods or similar goods causes damage to the exclusive right to use a registered trademark of others, which is an act of trademark infringement.
article 96 of the general principles of the civil law stipulates that the exclusive right to use trademarks obtained by legal persons, individual industrial and commercial households and individual partnerships according to law shall be protected by law. Article 118 stipulates that if the exclusive right to use a trademark is infringed by counterfeiting, the infringed person has the right to demand to stop the infringement, eliminate the influence and compensate for the losses. If the infringer constitutes a crime, he may also impose a fixed-term imprisonment of not more than three years on the person directly responsible for counterfeiting the trademark according to the provisions of Article 127 of the Criminal Law. Criminal detention or fine.
The exclusive right to use a trademark is protected by law because it has been approved and registered by the State Trademark Office.
if it is not registered, the user of this trademark will not enjoy the trademark right.
a registered trademark is valid for 1 years. After the expiration of the validity period, if it is necessary to continue to use it, the registration can be renewed within the prescribed time limit, and the validity period of each renewal registration is also 1 years.