Current location - Trademark Inquiry Complete Network - Trademark registration - Is the exclusive right to trademark a property under civil law?
Is the exclusive right to trademark a property under civil law?

The exclusive right to use trademarks is not a property under civil law.

The trademark system is a product of the commodity economy, and it continues to develop with the development of the commodity economy. Although according to historical records, China is the first country in the world to use trademarks, it is only the bud of trademark use and is the product of trade behaviors with commercial economic overtones that appear in natural economic society.

"Things" in law

Characteristics of things

Must exist outside the person

Things in civil law can only be Things that exist outside the human body, but cannot be the human body. Modern legal persons can only be subjects, not objects. Not only the human body cannot become an object, but also certain parts of the human body, including various organs, cannot become objects before they are separated from the human body. Transactions involving certain human organs are not protected by law and cannot be enforced by courts. The components of the human body can only become things after they are separated from the human body. After death, a person is no longer alive and is no longer a subject, so the corpse can become a thing.

Must be able to be actually controlled or controlled by human power

Only things that can be controlled and controlled by human power are objects under civil law. Because only such things can meet the individual needs of the subject and can be used for transactions. With the development of productivity, human beings' ability to control nature has increased, and the scope of things has also continued to expand. For example, natural forces such as electricity, heat, sound, light, and gas are not things when they cannot be actually controlled and dominated by humans, but they become things when they can be controlled and dominated by humans.

Must be able to meet people's social life needs

Objects in civil law must be usable, have value and use value. Because only if it can meet people's production or living needs, it can be owned by the subject and can be used for exchange. Things that cannot meet people's actual needs for production or life have no legal significance.

It must be a unique physical object

Objects in civil law generally only refer to physical objects. The so-called entity means that it has a certain shape and can be felt by human senses. Things in civil law must also be unique, that is, they must be able to meet people's needs alone. If it cannot be integrated into one entity, it cannot be used alone for transactions and is not a property under civil law.

Things must be scarce

Not all things that can meet people's needs will necessarily become things in civil law. Sunlight and air can satisfy people's needs, but under normal circumstances they cannot become things in civil law because they are infinitely supplied and do not have scarcity. To become a thing in civil law, in addition to having utility, it must also be scarce.