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Is a trademark an intellectual property right?

Trademarks are intellectual property rights. Obtaining trademark rights requires registration. A registered trademark is a commercial mark used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. Trademark rights are proprietary results created by intellectual labor of an enterprise or individual for commercial purposes.

The trademark registration process is as follows:

1. Before registering a trademark, you need to conduct a trademark query to ensure that the trademark you want to register has not been registered. If it has already been registered, then You can only change your trademark. The registrant can entrust an agency to submit an inquiry application through the official website of the Trademark Office, or to the Tongda Service Center under the Trademark Office, to check whether the trademark applied for this time is the same or similar to a previously applied or registered trademark. ;

2. There are two ways to register a trademark. One way is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; the other way is to entrust an experienced trademark agent. Organize agency services;

3. Fill out the trademark registration application form and submit it to the State Trademark Office according to the registration method you decide;

4. After the State Trademark Office accepts the application, it will The applicant issues a trademark registration acceptance notice. If the trademark application fails to be reviewed, the State Trademark Office will issue a trademark rejection notice to the trademark registration applicant and inform the detailed reasons for rejection;

5. If the review is successful, the registered trademark will be listed on the China Trademark Online It is officially announced that after the expiration of the three-month public notice period without any objection, the State Trademark Office will issue a notice to receive the trademark registration certificate.

6. Receive the trademark registration certificate: If the trademark registration certificate is sent to the registrant through an agency organization; if the registration is done directly, the registrant should wait three months after receiving the notice of receiving the trademark registration certificate. When you go to the Trademark Office to obtain the certificate, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the applicant and a copy, a copy of the original business license and a copy with the stamp of the local industrial and commercial department, and a notice for obtaining the trademark registration certificate. . If the name of the trademark registrant is changed, a change certificate issued by the industrial and commercial department must be attached.

Legal basis: Article 56 of the Trademark Law of the People's Republic of China

The exclusive right to register a trademark shall be based on the approved registered trademark and the approved goods for use. limit.

Article 57

Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:

(1) Without the authorization of the trademark registrant (2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or using a similar trademark on similar goods without the permission of the trademark registrant; The use of trademarks that are identical or similar to the registered trademark on the goods may easily lead to confusion;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

(4) Counterfeiting or unauthorized use Producing other people’s registered trademarks or selling counterfeit or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market;

(6) Intentionally providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks;

(7) Causing other people’s exclusive rights to registered trademarks other damages.