What are the qualifications for trademark rights subjects?

Article 2 of the "Implementing Rules of the Trademark Law" stipulates: Applicants for trademark registration must be enterprises, institutions, and social groups established in accordance with the law. , individual industrial and commercial households, individual partnerships and foreigners or foreign enterprises that comply with the provisions of Article 9 of the Trademark Law. ?

(1) Enterprise units

It refers to those research institutions or schools with affiliated factories or production workshops, public institutions, state agencies, ministries and commissions that can engage in the production and distribution of goods. Other units do not fall into this category.

(3) Individual industrial and commercial households and individual partnerships

Refer to individual industrial and commercial households and individual partnerships that have registered with the industrial and commercial administration authorities and obtained legal qualifications in accordance with relevant national laws and regulations. .

(4) Foreigners and foreign enterprises

Refer to natural persons with foreign nationality and legal persons established in accordance with foreign laws and registered in foreign countries. This type of applicant should apply for trademark registration in my country in accordance with the agreement signed between the country where it belongs and my country or the international treaty the country has signed or the principle of reciprocity, and entrust a trademark agency designated by the State Administration for Industry and Commerce to handle the matter.

For Sino-foreign joint ventures established in China that have been registered in accordance with the law and obtained a business license to apply for trademark registration, the applicant shall be determined according to the ownership of the trademark rights in accordance with the provisions of the contract. If the Chinese party is the applicant, According to domestic trademark registration, the subject of the trademark right belongs to one of the first three situations mentioned above; if a foreign party is the applicant, the application is processed as a foreign trademark registration, and the subject of the trademark right falls into the fourth situation above. What are the conditions for being the subject of trademark rights?

According to the spirit of Article 4 of the Trademark Law, a trademark applicant must apply for trademark registration for goods that he produces, manufactures, processes, selects or distributes. Anything beyond this scope Products cannot be registered. The "production" mentioned here refers to the creation of various means of production and means of living; "manufacturing" refers to turning raw materials into usable items or consumer goods; "processing" refers to turning semi-finished products into finished products; "selection" refers to Finished products or parts are selected, classified, and then sold; "distribution" refers to the operation and sale of a certain commodity. Who is the entity that identifies well-known trademarks?

Article 5 of the "Regulations on the Identification and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce of my country stipulates that the agency that identifies well-known trademarks is the State Administration for Industry and Commerce. The Trademark Law stipulates that the Trademark Office and the Trademark Review and Adjudication Board may determine whether a trademark constitutes a well-known trademark upon the request of the party concerned and on the basis of ascertaining the facts. However, this recognition overemphasizes the initiative of the trademark authorities and ignores the initiative of well-known trademark owners to protect their trademarks. The internationally accepted practice is for the court to identify well-known trademarks in individual cases. In recent years, my country has gradually achieved consistent opinions on the people's courts' right to identify well-known trademarks in individual cases. The identification entities are identified as the trademark administrative authorities and the people's courts. No other organization may identify or adopt other disguised methods to identify well-known trademarks. What are the principles for the recognition of well-known trademarks? Passive recognition, case-by-case recognition? It is the recognition principle and protection model of well-known trademarks determined by the Paris Convention and the TRIPS Agreement, and it is an internationally accepted practice recognized by the World Trade Organization. In 2003, my country promulgated the "Regulations on the Recognition and Protection of Well-known Trademarks" and established the recognition principle of "passive recognition and case-by-case recognition". The essence of the well-known trademark recognition principle of "passive recognition, case-by-case recognition" is to insist on the market-oriented operation of well-known trademark recognition during the recognition and protection of well-known trademarks. If the party concerned submits evidence of a well-known trademark, the trademark administrative law enforcement agency or judicial authority shall protect the well-known trademark based on the evidentiary facts and legal provisions of the trademark. What is a registered domain name counterfeit trademark?

Domain name counterfeit registered trademark refers to registering the same or similar words as another person’s registered trademark as a domain name, and conducting e-commerce transactions of related goods through the domain name, which is easy to cause related Behavior that causes public misunderstanding.

The above is the trademark exclusive rights subject provided by the editor. I hope you like it!