What is a trademark?

According to the provisions of the Trademark Law, any visible mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and Color combinations, as well as combinations of the above elements, can be applied for registration as trademarks.

What kinds of trademarks are there?

my country currently has commodity trademarks, service marks, certification marks and collective marks.

What is a registered trademark?

Registered trademarks refer to words, graphics or combinations thereof that are approved by the trademark registration applicant when applying for trademark registration to the national trademark authority.

What is a certification mark?

According to the provisions of the Trademark Law, a certification mark refers to a certification mark that is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization for its goods or services. Marks used to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

What is a collective trademark?

According to the provisions of the Trademark Law, a collective trademark refers to a collective trademark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user’s membership in the organization. sign.

What do TM and R mean?

TM is the abbreviation of "trademark" in English and is not a legally registered mark. ?0?3 is a legally registered trademark mark. As long as ?0?3 is marked on the trademark, it means that the trademark has been approved and registered by the Trademark Office and is a registered trademark. Trademarks that have not been approved for registration shall not be marked with ?0?3, otherwise it will constitute an act of passing off a registered trademark.

What is a trademark registration application?

Trademark registration applications in the narrow sense only refer to goods and service trademark registration applications, international trademark registration applications, certification trademark registration applications, collective trademark registration applications, and special sign registration applications. In addition to the content of trademark registration applications in the narrow sense, trademark registration applications in the broad sense also include applications for change, renewal, transfer registration, objection applications, trademark license contract filing applications, and the handling of other trademark registration matters.

Why apply for a registered trademark?

my country implements a voluntary trademark registration system. Currently, except for tobacco products, unregistered trademarks can be used on other goods or services, but only after registration can the exclusive right to trademark be obtained. During the validity period of a registered trademark, the registrant enjoys the exclusive right to the registered trademark. Counterfeiting or plagiarism by any organization or individual is strictly prohibited. Others are not allowed to use the registered trademark without the registrant’s permission. The exclusive right is protected by national laws.

Who can apply for a registered trademark?

Natural persons, legal persons or other organizations in my country can apply for registered trademarks, and foreigners can also apply for registered trademarks in China.

What is trademark exclusive rights?

my country’s Trademark Law stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant has exclusive rights to the registered trademark and is protected by law. The exclusive right to use a trademark includes:

1. Right to use: The trademark registrant has the right to use the trademark on the goods and services approved for use by the registered trademark and to use the trademark in related commercial activities.

2. Exclusive rights: Trademark registrants have exclusive rights to their registered trademarks, and no one else may use trademarks that are identical or similar to the registered trademark on the same or similar goods or services without authorization.

3. Right to license: The trademark registrant has the right to license others to use its registered trademark by signing a trademark license contract in accordance with legal provisions.

4. Right of prohibition: The trademark registrant has the right to stop others from using the same or similar trademarks as their registered trademarks on the same or similar goods or services without authorization.

5. Establishing mortgage rights: Trademark registrants have the right to establish mortgages on their registered trademarks during business activities.

6. Investment rights: Trademark registrants have the right to invest in their registered trademarks as intangible assets in accordance with legal provisions and legal procedures.

7. Right to transfer: Trademark registrants have the right to transfer their registered trademarks to others with or without compensation through legal procedures.

8. Inheritance rights: As intangible property, trademarks can be inherited by their legal heirs according to the order of property inheritance.

What are the trademark infringements?

Anyone who commits any of the following acts shall infringe the exclusive rights of a registered trademark:

(1) Using the same or similar goods on the same or similar goods without the permission of the trademark registrant; Registering trademarks with the same or similar trademarks;

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

(3) Counterfeiting, making without authorization or selling counterfeit trademarks registered by others , making a registered trademark mark without authorization;

(4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market;

( 5) Causing other damage to the exclusive right to use registered trademarks of others.

What are the legal liabilities for trademark infringement?

Our country stipulates civil liability, administrative liability, and criminal liability for trademark infringement. Civil liability includes cessation of infringement, compensation for damages, etc. Administrative liability includes ordering the immediate cessation of infringement, confiscation, fines, etc. Infringement of trademark rights may constitute the crime of counterfeiting a registered trademark (Article 213 of the Criminal Law), the crime of selling goods with counterfeit registered trademarks (Article 214 of the Criminal Law), and the crime of illegally manufacturing and selling illegally manufactured registered trademarks (Article 214 of the Criminal Law) Article 215).

What obligations does a trademark registrant have?

1. The trademark registrant shall be responsible for the quality of the goods or services for which the registered trademark is used. When licensing others to use its registered trademark, the quality of the goods or services on which the licensee uses its registered trademark shall be supervised.

2. Trademark registrants should strictly follow the relevant provisions of trademark laws and use their registered trademarks correctly.

How long is a registered trademark valid for?

The validity period of a registered trademark refers to the time limit within which the trademark registration has legal effect, also known as the period of exclusive rights of the registered trademark. The Trademark Law stipulates that the validity period of a registered trademark is ten years. If a registered trademark expires and needs to be continued to be used, the trademark registrant may apply for renewal. Each renewal registration is valid for ten years.

What are the ways to apply for registered trademark?

There are two ways for domestic applicants to handle various trademark registration matters: one is to go directly to the Trademark Office; the other is to entrust a nationally recognized trademark agency to act as an agent.

Foreigners and foreign enterprises who need to obtain the exclusive right to use a trademark in China can apply for trademark registration to the Trademark Office in accordance with the agreement signed between their country of origin and our country or the international treaty to which they are a party, or in accordance with the Handled on the principle of reciprocity. Foreigners or foreign enterprises must entrust a state-designated trademark agency with foreign-related agency rights to handle trademark registration applications and other related matters. However, foreigners or foreign enterprises with habitual residence or business offices in China are excluded.

How long is the current average review period for registered trademarks in my country?

It usually takes about a year and a half for a trademark to be applied for and approved for registration. Of course, the registration cycle for different product or service categories is also different. Small product or service categories may be faster, and large product or service categories may be slower.

How to protect trademark exclusive rights?

1. Administrative approach:

For infringement of the exclusive rights of registered trademarks, the infringed party can request the industrial and commercial administrative department to handle it. For suspected crimes, the industrial and commercial administrative departments will transfer them to judicial organs for handling according to law; for infringement cases that have not yet constituted a crime, they will be handled administratively. If the party concerned is dissatisfied with the disposition decision, he or she may file a lawsuit with the People's Court within fifteen days from the date of receipt of the disposition notice; if the infringer does not file a lawsuit or perform the infringement upon expiration of the time limit, the industrial and commercial administrative department may apply to the People's Court for compulsory enforcement.

2. Judicial channels:

For infringement of the exclusive rights of registered trademarks, the infringed party can also directly file a lawsuit in the People's Court.

What issues should be paid attention to when using trademarks?

1. Registered trademarks should be used strictly in accordance with the trademarks approved for registration and the goods or services approved for use on the "Trademark Registration Certificate".

2. The trademark registrant shall not change the text, graphics or combination of the registered trademark on his own initiative; he shall not change the name, address or other registration matters of the registered trademark on his own initiative.

3. If a trademark registrant uses its registered trademark beyond the scope of goods or services approved by the "Trademark Registration Certificate" and indicates the registered mark, it is an illegal act of passing off a registered trademark.

4. The trademark registrant shall not transfer the registered trademark by himself.

5. The trademark registrant has the obligation to use the registered trademark. If a registered trademark ceases to be used for three consecutive years from the date of approval, the trademark may be revoked according to law.

6. If a trademark registrant allows others to use its registered trademark, it must sign a trademark license contract. The licensor shall submit a copy of the contract to the Trademark Office for filing of the trademark license contract within 3 months from the date of signing the license contract.

Under what circumstances can one enjoy international priority?

If a trademark registration applicant files another trademark registration application for the same goods with the same trademark in China within six months from the date when the trademark is first filed for trademark registration in a foreign country, the applicant shall apply for trademark registration in China in accordance with the same procedure as that of the foreign country. Agreements signed by China or international treaties to which China is a party, or in accordance with the principle of mutual recognition of priority, may enjoy priority.

Under what circumstances can one enjoy domestic priority?

If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark can enjoy priority within six months from the date of exhibition of the goods. right.

What materials should be submitted to apply for priority?

1. Provide priority certificate application;

2. Copy of original trademark registration application;

3. Copy of acceptance notice; < /p>

4. If you go directly to the trademark registration hall to handle the matter, submit a copy of the person’s ID card; if you entrust a trademark agency to handle the matter, submit a trademark agency power of attorney.

What are the ways to apply for international trademark registration?

There are two ways for applicants to apply for registered trademarks abroad: one is to register country by country, that is, apply to the trademark authorities of each country for registration; the other is to register a trademark internationally in Madrid, that is, according to the "International Registration of Trademarks" Trademark registrations between member states of the Madrid Union in accordance with the provisions of the Madrid Agreement (hereinafter referred to as the "Madrid Agreement") or the Protocol Concerning the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as the "Madrid Protocol"). What we usually call international trademark registration refers to Madrid international trademark registration.

What are the requirements for applying for international trademark registration in Madrid?

In accordance with the Madrid Agreement and the Madrid Protocol, legal persons or natural persons who determine that China is the country of origin and apply for international trademark registration through the Madrid Agreement or the Madrid Protocol must first obtain trademark registration in China. It is based on preliminary approval or the application has been accepted, and meets one of the following conditions:

1. Having a real and effective business place in my country;

2. Having a residence in my country;

3. Possess Chinese nationality;