1. The concept of trademark and trademark rights
1. Trademark A trademark is a commodity mark, which is used by commodity producers or operators on their goods. It consists of words, graphics, letters, A specific mark that combines numbers, three-dimensional symbols and colors or consists of a combination of the above elements and has distinctive characteristics to facilitate identification. 2. Registered trademark
A registered trademark is a trademark in which the applicant submits a registration application to the Trademark Office in accordance with the registration conditions, principles and procedures stipulated in the Trademark Law, and is registered after review by the Trademark Office. The types of registered trademarks in my country include commodity trademarks, service trademarks, collective trademarks and certification marks.
3. Well-known trademarks
A well-known trademark refers to a trademark that enjoys a high reputation in the market and is well known to the relevant public.
4. Geographical indications
A geographical indication indicates that a product originates from a certain region. The specific quality, reputation or other characteristics of the product are mainly determined by the natural factors of the region or A sign determined by human factors.
5. Trademark rights
Trademark rights are the rights enjoyed by trademark owners to legally confirm and protect their trademarks. It mainly refers to the exclusive right to trademark.
2. Trademark Law and Its Basic Principles
Trademark Law is a general term for legal norms that stipulate the formation, registration, use, management of trademarks and the protection of exclusive rights to registered trademarks. The basic principles of my country’s trademark law include the following aspects: The principle of combining the protection of trademark exclusive rights with the protection of consumer interests; The principle of obtaining trademark exclusive rights through registration; The principle of first-to-file application; The principle of voluntary registration; Unified registration classification Principles of management; Principle of national treatment; Principle of priority.
3. Conditions and procedures for applying for trademark registration
1. Conditions for applying for trademark registration
(1) The applicant for trademark registration can be a natural person, a legal person or Other organizations, but must be engaged in production and business activities, including production, manufacturing, processing, selecting or distributing goods and providing services.
(2) The trademark applied for registration should have distinctiveness and complete rights.
(3) Trademark prohibited signs.
Specific signs specified by law cannot be used as trademarks, let alone registered as trademarks.
(4) Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
(5) Registered trademark prohibited signs. The following signs cannot be registered as trademarks:
Those that are only the common name, graphics, and model of the product; those that only directly indicate the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product; Lacking distinctive features. However, if the above-mentioned marks have acquired distinctive features through use and are easy to identify, they can be registered as trademarks.
(6) If a trademark is applied for registration with a three-dimensional mark, the shape that is solely caused by the nature of the product itself, the shape of the product that is necessary to obtain technical effects, or the shape that makes the product of substantial value cannot be registered. .
(7) Application for registered trademark must not infringe on well-known trademarks.
(8) The agent or representative registers the trademark of the principal or represented person in his or her own name without authorization. If the principal or represented person raises an objection, the agent or representative shall not be able to register and register the trademark. use.
(9) If the trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark, and it misleads the public, it cannot be registered or used. However, registration that has been obtained in good faith continues to be valid.
2. Trademark registration procedures
(1) Application for trademark registration.
(2) Preliminary review and announcement of trademark registration.
(3) Objection and approval of trademark registration.
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