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What is the protection object of trademark exclusive rights?

The objects of protection of exclusive rights to trademarks are trademarks that have been approved and registered by the national trademark management authority; as long as the trademark has not been approved and registered, it is not protected by my country's "Trademark Law". Generally, when you have your own trademark Be sure to apply to the Trademark Office in time.

1. What is the object of protection of trademark exclusive rights?

The objects of protection of the exclusive right to use trademarks are trademarks that have been approved and registered by the national trademark management authority. Trademarks that have not been approved and registered are not protected by the trademark law.

The trademark registrant has the right to indicate "registered trademark" or registered mark. Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as a trademark .

"Approved registered trademark" refers to a visible mark registered by the Trademark Office. "Approved goods" refer to specific goods approved and recorded by the Trademark Office. The owner of a registered trademark has no right to arbitrarily change the components of the trademark, nor has the right to arbitrarily expand the scope of use of the trademark.

2. What is the scope of protection of trademark rights?

1. The protection of ordinary trademark rights covers similar trademarks and similar goods. That is, you are not allowed to use the same or similar mark as another person’s registered trademark on the same or similar goods.

2. The scope of protection of well-known trademark rights extends to all products, and signs similar to the registered well-known trademark are not allowed to be used. Even if the well-known trademark is not registered in China, its scope of protection covers the use of similar marks on similar products.

3. A registered trademark cannot be used by others as the name of its manufacturer.

3. How to deal with trademark infringement?

1. Using the same registered trademark on the same or similar goods without the permission of the trademark registrant or similar trademarks;

2. Selling goods that infringe the exclusive rights of registered trademarks;

3. Forgery or unauthorized manufacture of other people’s registered trademarks or sales of forged or unauthorized registrations Trademark logo;

4. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;

5. Registered trademarks given to others Any other damage caused by the exclusive right.

To sum up what has been said above, the object of protection of trademark exclusive rights is a trademark that has been recognized by the state. This trademark can be protected according to law and will not be infringed by others. Therefore, for trademarks The owner must apply to the Trademark Office for protection in a timely manner, but if the trademark does not meet the requirements, the registration will be unsuccessful.

Legal basis: "Trademark Law of the People's Republic of China"

Article 48 The use of trademarks as mentioned in this law refers to the use of trademarks on goods, merchandise The act of using trademarks on packaging or containers and commodity transaction documents, or using trademarks in advertising, exhibitions, and other commercial activities to identify the source of goods.

Article 56 The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.

Article 57 Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

(1) Using the same product on the same product without the permission of the trademark registrant Using a trademark that is the same as its registered trademark;

(2) Using a trademark that is similar to its registered trademark on the same goods without the permission of the trademark registrant, or using the same trademark as its registered trademark on similar goods or similar trademarks that are likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Counterfeiting, unauthorized manufacturing or sales of other people’s registered trademarks Forging or making unauthorized registered trademark signs;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;

(6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Causing other damage to others’ exclusive rights to registered trademarks.