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If a gold bracelet has a Cartier pattern, is it considered a trademark infringement?

Each trademark is unique and belongs to the registered company. If it is not in the flagship store and is not recognized by the brand, then it is a trademark infringement.

According to the provisions of the "Trademark Law", the trademark right is valid for 10 years, calculated from the date of approval of registration. Application for renewal is made within 6 months before the expiration. If you fail to apply within this period, you can apply again. A grace period of 6 months is given. Renewal can be repeated indefinitely, and each renewal registration is valid for 10 years. It shall be calculated from the day after the expiration of the last term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.

Trademark right is an intangible asset with economic value and can be used to pay off debts, that is, transferred according to law. According to the provisions of my country's Trademark Law, trademarks can be transferred. When transferring a registered trademark, the transferor and the transferee should sign a transfer agreement and file an application with the Trademark Office at the same time.

How to obtain:

1. The acquisition of trademark rights refers to the principles and methods to be adopted to obtain trademark rights.

2. There are three principles for obtaining trademark rights:

(1) Principle of use

The principle of use, that is, the principle of obtaining trademark rights through use, means that trademark rights naturally arise due to the use of the trademark , trademark rights are established based on the fact of trademark use.

(2) Registration principle

The registration principle, that is, the principle of obtaining trademark rights by registration, means that trademark rights are established due to the fact of registration, and only by registering a trademark can trademark rights be obtained.

(3) Mixed principle

The mixed principle, that is, the compromise principle, means that when determining the establishment of a trademark right, both use and registration facts are taken into consideration. The trademark right can be obtained due to registration. Produced or established through use.

3. There are two ways to obtain trademark rights:

(1) Original acquisition and inherited acquisition. The original acquisition of trademark rights, also known as the direct acquisition of trademark rights, means that the trademark right is created, and its creation is not based on the existing trademark rights of others, nor is it based on his will.

(2) The inherited acquisition of trademark rights, also known as the transfer of trademark rights, refers to the acquisition of trademark rights based on the existing trademark rights of others and the will of others.

Methods of infringement:

1. Using a similar or similar trademark to the registered trademark on the same or similar goods without the permission of the owner of the registered trademark;

2. Selling goods knowingly counterfeit registered trademarks;

3. Counterfeiting or making without authorization the registered trademark signs of others or selling counterfeit or making without authorization the registered trademark signs;

4. Deliberately providing facilities for infringement of exclusive rights to registered trademarks;

5. Causing other damage to the exclusive right to use a registered trademark of others.