Article 3 of the Trademark Law stipulates that trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected. According to the law. Obviously, our country adopts the principle of registration. Taking the application for registration as the legal basis for obtaining the exclusive right to use a trademark. Those who apply for registration first belong to the exclusive right to use a trademark.
The first expression of registered trademark registration: registered trademark registration.
China's Trademark Law stipulates that if two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same kind of goods or similar goods, they shall make a preliminary examination of the previous trademark application and make an announcement, reject the application of others and not make an announcement. If there is no objection or no objection is established within three months of the announcement period, registration shall be granted. China's trademark law does not grant the right to use unregistered trademarks. For unregistered trademarks, users have no right to prevent others from using the same or similar trademarks on the same goods or services or to apply for pre-registration.
Form 2 of registered trademark registration: registered trademark registration
The registered trademark right is determined by national laws, but it is limited by region and time. Regionality determines that trademarks can be protected in one or more specific countries, but not in other countries or regions other than the registered country or region.
Describe various forms of trademark registration.
The third form of trademark registration: well-known trademark registration
Registering well-known trademarks is more complicated than using unregistered trademarks and registering non-well-known trademarks. After a well-known trademark is registered in other countries or regions before others, whether the exclusive right of the original owner of the well-known trademark in that country or region can be protected ultimately depends entirely on the relevant competent authorities of the requested country or region in accordance with the provisions of domestic laws.
The fourth form of trademark preemption: other prior rights preemption
At present, the prominent contradiction of intellectual property protection is the conflict of rights. Later, some rights holders took advantage of the legal gap to maliciously register other rights, such as taking the design patents or copyrights obtained by others as trademarks.
For more information about trademark intellectual property, please visit the trademark website!