The object and object of trademark rights is that a trademark is a mark that distinguishes an operator’s goods or services. Trademarks represent goods or services, receive social evaluation, and are a concentrated expression of the operator's goodwill. my country adopts the International Classification of Goods and Services for trademarks, which is the technical basis for trademark search, application, and management.

Conditions for the constitution of the object of trademark rights: Under normal circumstances, enterprises, public institutions and individual industrial and commercial persons need to register the goods they produce, manufacture, process, select or distribute and the services they provide. Anyone who has obtained trademark rights must apply to the Trademark Office for commodity trademark registration or service trademark registration. Therefore, registered trademarks that are the subject of trademark rights need to be reviewed by the Trademark Office. The trademark applied for registration must meet the conditions stipulated in the Trademark Law before it can be approved for registration through review and become the object of trademark rights. Object classification of trademark rights: Trademarks can be divided into commodity trademarks and service trademarks based on the basic fields of use; according to the trademark form, they can be divided into visual trademarks (including flat trademarks and three-dimensional trademarks), auditory trademarks, smell trademarks, etc. At present, my country only protects visual trademarks such as flat trademarks and three-dimensional trademarks. Visual trademarks include word trademarks, digital trademarks, graphic trademarks, and combination trademarks. From the relationship between trademark ownership and trademark use rights, it can be divided into 1. Collective trademarks, which refer to registration in the name of a certain collective for members to use in commercial activities to indicate members’ qualifications to belong to the collective; 2. Certification trademarks, which refer to the Controlled by an organization with the ability to supervise certain goods or services, and used by units or individuals other than the organization to prove the origin, raw materials, manufacturing methods, quality or other specific characteristics of the goods or services. A mark of quality. According to the intensity of legal protection of trademarks, trademarks are divided into ordinary trademarks and trademarks. The "Interim Provisions on Recognition and Management" issued by the Administration for Industry and Commerce refers to registered trademarks that enjoy a high reputation in the market and are well-known to the relevant public. You can enjoy administrative protection, including the right to exclude others from registration, the expanded right to prohibit others from using it, and the right to prohibit registration as a business name. One of the ways is to organize the assessment by the Industrial and Commercial Administration Bureau, which is valid for 3 years; the other way is to identify it in litigation, and its main effect is to stop disguised infringement.

Competitors’ trademark violations can be reported to the industrial and commercial administration authorities for investigation and punishment, including:

1. Trademark infringement or counterfeiting; 2. Illegal use of trademarks; 3. Illegal printing. Making or buying and selling trademark logos; 4. Cases of illegal trademark use licensing; 5. Other cases of violation of trademark laws, regulations and rules.

If you have a trademark civil dispute, you can file a lawsuit in court, including:

1. Dissatisfaction with the review decision or ruling made by the Trademark Review and Adjudication Board 2. Dissatisfaction with the specific trademark decision made by the industrial and commercial administration department Administrative actions; 3. Trademark ownership disputes; 4. Trademark infringement or counterfeiting; 5. Trademark rights transfer contract disputes; 6. Trademark licensing contract disputes; 7. Application to stop infringement of trademark exclusive rights before litigation; 8. Application for pre-litigation property Preservation; 9. Apply for pre-litigation evidence preservation, etc. The amount of compensation for infringement of trademark exclusive rights shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If the benefits gained by the infringer due to the infringement or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of up to 500,000 yuan based on the circumstances of the infringement. The "Standards for the Prosecution of Economic Crime Cases" issued by the High People's Procuratorate and the Ministry of Public Security stipulate the quantitative standards for prosecution for the crime of producing and selling counterfeit registered trademark goods and the crime of illegally manufacturing and selling counterfeit registered trademark signs in the criminal law. It is an important step in combating trademark crimes. standards of judicial interpretation. Trademarks are only part of the performance of an operator's goodwill. The other part is: 1. Enterprise name; 2. Product name, packaging, decoration;

3. Name of place of origin.

These also represent the goodwill of the operator and constitute intellectual property rights protected under the Anti-Unfair Competition Law.

Using other people's well-known trademarks as business names, or registering other people's well-known business names as your own trademarks; counterfeiting other people's product names, packaging, and decoration, or confusingly similar to other people's product names, packaging, and decoration; counterfeiting other people's origin names, these are all It is a manifestation of infringement of intellectual property rights, and the right holder may request the industrial and commercial administrative authorities to investigate and deal with it, or file a civil lawsuit in court. If infringement is confirmed, the infringing behavior shall be stopped and losses shall be compensated. Except that statutory compensation is not included in the Anti-Unfair Competition Law, the compensation standards of this law and trademark law are in principle the same. False publicity and commercial slander also affect the goodwill of others, so intellectual property laws also prohibit these infringements. The specific basis is my country's Unfair Competition Law, Advertising Law, etc.

Counterfeiting is often associated with shoddy goods. The Supreme People's Court and the High People's Procuratorate's "Interpretations on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases for the Production and Sale of Counterfeit and Substandard Commodities" define the crime of counterfeit and shoddy goods in the criminal law. Adulteration, adulteration, passing off fake as genuine, substandard products, substandard products, sales amount, and the amount of sales that are sufficient to seriously endanger human health and cause serious harm to human health are the boundaries for combating the crime of counterfeit and shoddy products. Standards of judicial interpretation. It also stipulates that if the production and sale of counterfeit and inferior goods constitutes a crime, and it also constitutes other crimes such as infringement of intellectual property rights, illegal business operations, etc., it shall be convicted and punished in accordance with the provisions of heavier penalties.