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Knowledge related to trademark law

1. Concept

A trademark refers to a trademark used by an operator on goods or services to distinguish the goods or services provided by the operator from those of other operators. A product-specific identification mark that distinguishes services. The most basic function of a trademark is to identify the source of goods or services and to distinguish between different operators of the same goods or services.

Trademark law is a general term for the legal norms that regulate the social relations that occur in the process of confirming and protecting the exclusive rights to trademarks and the use of trademarks. The Trademark Law and the Implementing Rules of the Trademark Law are the most important legal documents in my country’s trademark legal system.

2. Prohibited conditions for registered trademarks: must not infringe the prior rights or legitimate rights and interests of others; the provisions of the Trademark Law prohibit the registration or use of certain signs.

3. Cancellation of registered trademarks

For registered trademarks, violations of the provisions of the Trademark Law on prohibited signs and improper use of three-dimensional signs, or use of deceptive means or other unfair means If registration is obtained by means of other means, the Trademark Office shall revoke the registered trademark; violation of the Trademark Law regarding infringement of other people's well-known trademarks or unauthorized registration of other people's trademarks by agents is not allowed to be registered and prohibited from use, and damages other people's existing prior rights or If a trademark that has been used by others and has certain influence is preemptively registered by unfair means, within 5 years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to revoke the registered trademark. For those registered in bad faith, the well-known trademark Everyone is not subject to the 5-year time limit.

4. Trademark management

Trademark management is the management activity carried out by the national trademark authority in accordance with the law on the use of registered and unregistered trademarks and the printing of trademarks. The Trademark Office of the State Administration for Industry and Commerce is responsible for national trademark registration and management, and local industrial and commercial administrative departments at all levels are responsible for local trademark management.

5. Protection of trademark exclusive rights

Refers to the right of a registered trademark subject to exclusively use its registered trademark in designated goods or services according to law.