Hello, there are many aspects that need to be paid attention to in the design, registration and use of trademarks. Trademark is a kind of intellectual property and a legal concept. Many people do not know the importance of trademark and use it casually. The following six are typical misunderstandings of trademark cognition. Now Bajie will let you jump out of them to avoid infringement disputes in the future.
Myth 1: Getting the acceptance notice is equivalent to getting the trademark.
Correction: Obtaining the trademark acceptance notice does not mean obtaining the trademark rights. The trademark acceptance notice only means that the applicant's trademark application documents meet the formal requirements of the Trademark Office, the trademark application has been accepted, the trademark application has not yet entered substantive examination, and the applicant has not yet obtained the trademark rights.
Myth 2: I don’t have a trademark yet, so I’ll just pick a name and use it.
Correction: Trademarks cannot be used casually, especially symbols representing registered trademarks. In the absence of trademark search, misuse of trademarks has three consequences. First, it constitutes an infringement and infringes on the prior rights of others, such as other people's registered trademark rights; second, it constitutes a general illegal act and may be subject to administrative penalties from the administrative department; Third, it constitutes the act of counterfeiting a registered trademark, which seriously constitutes the crime of counterfeiting a registered trademark, violates the criminal law, and constitutes a crime.
Myth 3: I have registered a trademark, and the LOGO can be printed on all products.
Correction: The scope of the exclusive right of a registered trademark is limited to the goods or services approved for use by the Trademark Office. Beyond this scope, it exceeds the scope of the trademark owner’s private rights and exceeds the goods or services approved for use. The act of using its registered trademark within the scope and still adding the registered trademark mark may constitute an infringement or a general illegal act. In serious cases, it may constitute the crime of counterfeiting a registered trademark and constitute a crime. ?
Myth 4: If you feel that the registered trademark at that time does not look good, just change it and use it.
Correction: Changing the text, graphics, color or combination of a registered trademark on your own while still adding the registered trademark mark is an irregular use of a registered trademark and is also illegal. According to the "Trademark Law" According to Article 49, if a trademark registrant changes the registered trademark, the registrant's name, address or other registration matters on his own during the use of the registered trademark, the local industrial and commercial administrative department shall order him to make corrections within a time limit; if he fails to make corrections within the time limit, he shall be ordered by the local industrial and commercial administration department to make corrections within a time limit. The Trademark Office revoked its registered trademark. If you use a trademark and change the trademark style randomly, you may lose your trademark rights.
Myth 5: My registered trademark means that I have trademark rights, and it doesn’t matter if I don’t use it.
Correction: Trademark right is a right that converts social public resources into private rights by legal means. If a registered trademark is not used for a long time, it leads to a waste of social resources. Any unit or individual can rely on Article 49 of the Trademark Law revokes a registered trademark on the grounds of non-use for three consecutive years.
Myth 6: I have a product trademark and I have the right to license others to franchise and use it.
Correction: Owning a product trademark does not mean allowing others to franchise without risk. The scope of use of product trademarks is only limited to the categories and goods approved for use, and does not include the provision of services, such as licensing others to franchise. , opening a franchise store and using a trademark on the door of the store is a use of a service mark. At this time, it is not enough for the licensor to only own the product trademark, as it may create legal risks during the performance of the licensing contract.
The above are the misunderstandings about trademarks that need to be corrected. If you notice these aspects, then the use of trademark rights will be safer.