I. Definition and characteristics of trademarks

Trademarks are specific signs used by merchants on goods or their packaging in order to distinguish the source of their goods or services. It has the characteristics of distinctiveness, uniqueness and identifiability, and can help consumers identify different brands of goods or services.

second, the relationship between trademarks and intellectual property rights

intellectual property rights refer to the exclusive rights people enjoy for the fruits of their intellectual labor, including patent rights, trademark rights, copyright, etc. Trademark, as a kind of intellectual property, aims to protect the unique logo of merchants from infringement by others and ensure that consumers can accurately identify the source of goods or services.

The acquisition of a trademark right usually requires registration. After registration, the trademark owner enjoys the exclusive right to use the trademark and has the right to prohibit others from using the same or similar trademark without permission. The scope of protection of trademark rights includes prohibiting others from using the same or similar trademarks on the same or similar goods, and preventing others from maliciously squatting and counterfeiting trademarks.

iii. the position of trademarks in the intellectual property system

trademarks play an important role in the intellectual property system, which is not only the core component of corporate brand image, but also an important tool for enterprises to participate in market competition. Through the protection of trademarks, enterprises can maintain their brand image and market position and prevent unfair competition and infringement.

at the same time, trademarks are also an important driving force for enterprise innovation and development. Through the investment and protection of trademarks, enterprises can stimulate innovation vitality, promote product upgrading and service optimization, and improve market competitiveness.

To sum up:

As an important part of intellectual property rights, trademarks play an important role in protecting the unique logo of merchants, maintaining brand image and market position, and promoting innovation and development. Enterprises should strengthen the protection and management of trademarks, ensure the legitimacy and effectiveness of trademark rights, and lay a solid foundation for the long-term development of enterprises.

Legal basis:

Article 3 of the Trademark Law of the People's Republic of China

stipulates:

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 by law.

Article 57 of the Trademark Law of the People's Republic of China

stipulates:

Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant;

(2) without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities may easily lead to confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(5) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;

(6) intentionally providing convenient conditions for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(7) causing other damage to the exclusive right to use a registered trademark of others.