Abstract: What does the scope of trademark protection include? Our country is a big country with a legal system, and our government has also introduced relevant policies regarding trademark rights. Many countries around the world also protect trademarks, but obviously the scope of trademark protection varies from country to country. This is mainly due to the national conditions of each country. The following is an introduction to the scope of use and protection of trademark rights. Let’s learn more about it together. Scope of trademark protection What does the scope of trademark protection include? The scope of use and protection of trademark rights

The scope of use and protection of trademark rights

The scope of use of trademark rights

1. The protection of registration is limited to the goods approved for use.

If the goods actually used by a person are inconsistent with the goods approved for use, not only will it not be able to effectively protect one's trademark exclusive rights, but it may also bring three consequences: First, the use of the registered trademark beyond the scope of the approved goods will constitute The illegal act of counterfeiting a registered trademark; second, the registered trademark was revoked because it has not been used on the approved goods for three consecutive years; third, the use of the registered trademark beyond the scope of the approved goods (except for goods similar to the approved goods) constitutes infringement. Use of other people’s trademark rights.

2. The protection of the exclusive rights of registered trademarks is limited to the approved registered trademarks.

If the trademark actually used by the trademark registrant is inconsistent with the registered trademark, not only will the trademark exclusive rights not be effectively protected, but it may also bring four consequences: First, it will constitute a voluntary change of registration. The illegal act of trademark text, graphics or their combination; secondly, when the trademark that is changed on its own is obviously different from the approved registered trademark, and at the same time it bears the registration mark, it constitutes the illegal act of passing off a registered trademark; thirdly, if the changed trademark If the trademark is similar to someone else's registered trademark, it will constitute an infringement of the exclusive rights of others' trademarks; fourth, the registered trademark will be revoked due to non-use for three consecutive years.

What does the scope of trademark protection include?

my country’s trademark law protects the exclusive right of registered trademarks. The exclusive right of a registered trademark is limited to the approved registered trademark and the approved products for use. This is an important boundary for distinguishing and judging whether there is infringement or not. "Approved registered trademark" refers to a visible mark registered by the Trademark Office. "Approved goods" refer to specific goods approved and recorded by the Trademark Office. The owner of a registered trademark has no right to arbitrarily change the components of the trademark, nor has the right to arbitrarily expand the scope of use of the trademark. Any use that does not involve the scope of trademark protection will not be prosecuted as infringement.

A trademark that is the same as or similar to a registered trademark is the same or similar product as the product for which the registered trademark is approved.

1. Similar trademarks refer to two trademarks that, when compared with each other, the shape, pronunciation, meaning of the text, the composition and color of the graphics, or the overall structure of the text and graphics are likely to make consumers distrust the goods or services. The source of the misidentified trademark.

2. Similar products refer to products that are related or have specific connections in terms of functions, uses, consumption objects, sales channels, etc.

3. There is a specific connection between goods and services. If the same or similar trademark is used, it is easy for consumers to mistake the goods or services provided by the same trademark registrant, and the goods and services shall be recognized as similar.

How many years is the protection period for trademark rights?

The law protects trademark rights for a certain period. If it is not renewed after the validity period, the right will terminate automatically. Article 23 of my country’s Trademark Law: The validity period of a registered trademark is ten years, starting from the date of approval. In addition, the law also stipulates renewal. Article 24 of the Trademark Law: If a registered trademark has expired and needs to be continued to be used, an application for renewal registration shall be made within six months before the expiration; if the application cannot be made during this period, A six-month grace period may be granted. If an application has not been made within the grace period, the registered trademark will be cancelled.