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A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator. China's Trademark Law stipulates that trademarks approved and registered by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks, the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
Trademark registration is a legal procedure for obtaining the exclusive right to use a trademark. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply for trademark registration. A trademark that has been approved for registration is a registered trademark.
The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. The exclusive right to use a trademark is limited to the trademark that has been approved for registration and the goods or services that have been approved for use.
Registered trademarks include commodity trademarks, service marks, collective trademarks, and certification marks. Goods that must be registered by laws and administrative regulations must be applied for trademark registration, and those that have not been approved for registration shall not be sold in the market. Trademark registration is a prerequisite and condition for the trademark user to obtain the exclusive right to use the trademark, and only the trademark that has been approved for registration is protected by law.
The principle of trademark registration is the basic criterion for determining the exclusive right to use a trademark, and the choice of different registration principles is the result of the balance between legal certainty and legal fairness by legislators of various countries in this issue.
A trademark is an intangible asset of an enterprise, and there is no very fixed determination of the value of the trademark. The value of the trademark as an asset in the process of investment or operation, that is, the amount of capital contained in the trademark asset. refers to its capital value, not honorable or subjective value.
The common value judgment is usually determined by the recognition and recognition of the trademark, and is evaluated by the estimated value that the trademark can bring to the enterprise.
Article 6 of the Trademark Law of the People's Republic of China stipulates that goods that must use registered trademarks must be registered in laws and administrative regulations, and shall not be sold in the market without approval for registration.
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1. From a legal point of view, the production of products without a trademark is not protected by law.
2. If the product you produce does not apply for a trademark, it is easy to be sued for infringement.
3. Mima Trademark Network is a professional trademark transfer and registration platform.
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It can be produced, but it is only marked with the company's brand name on your products, which is not very standardized. It's okay when the company doesn't develop, no one cares about you, but the company grows, competitors or others see that it is profitable, they will preemptively register the trademark, and then sue you for infringement, and then you will suffer. And if you don't register, others can use this name, which is easy to cause consumers to confuse goods or services**, which is not conducive to a company's brand building.
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As long as the goods you produce comply with the regulations of the relevant departments and the quality is fine, you can do it! The premise is that as long as the name you came up with is in the category of the product you are selling, it doesn't matter if someone else is registered. It's just that if the product is good, it will be famous.
In case someone registers this trademark first, you can't register it, the premise is that market advertising, consumers will use word-of-mouth to make wedding dresses for others. Without market protection, it's not good for your business. It is recommended that you register a trademark.
It is not expensive to register a trademark, which is between 1500-2000. And there is also a lot of value in registering a trademark.
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No, if there is no trademark, shopping malls, supermarkets, ** can't enter, it belongs to the three no products!!
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No, the products produced are not qualified products, they are three-no products, and they cannot be bought and sold on e-commerce platforms.
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Legal Analysis: Count as three no products. Three-no products usually refer to goods that have no production date, no certificate, and no manufacturer.
Legal basis: Article 27 of the Product Quality Law of the People's Republic of China Article 27 The logo on the product or its packaging must be true and meet the following requirements: (1) There is a product quality inspection certificate; (2) The name of the product, the name of the manufacturer and the address of the factory indicated in Chinese 3) According to the characteristics and requirements of the product, if it is necessary to indicate the product specifications, grades, names and contents of the main ingredients contained, it shall be marked accordingly in Chinese; If it is necessary to let consumers know in advance, it shall be marked on the outer packaging, or relevant materials shall be provided to consumers in advance.4) For products that are to be used within a limited period, the production date and safe use period or expiration date shall be clearly marked in a conspicuous position; (5) Products that are improperly used, easily cause damage to the product itself, or may endanger personal or property safety, shall have warning signs or warning instructions in Chinese.
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Products that do not have a trademark can be sold. A registered trademark can be used in production, sales and other business activities, but the user does not have the exclusive right to use the trademark and shall not prohibit others from using it. ** No trademark products are not illegal, no registered trademark products as long as they meet the quality standards stipulated by the relevant countries of the product, it is naturally legal, although not all goods must be registered trademarks, but registered trademarks can bring actual legal protection.
The trademark registration process is that the parties submit an application for registration, submit the application documents, and the Trademark Office will complete the examination within nine months and make a preliminary examination and announcement. The trademark registration fee is 300 yuan for accepting the trademark registration and 50 yuan for issuing the trademark certificate. The law stipulates that if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration.
An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected.
Legal basisArticle 32 of the Trademark Law of the People's Republic of China.
An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.
Article 25.
If an applicant for trademark registration files an application for trademark registration in China for the same goods within six months from the date of the first application for trademark registration in a foreign country, the applicant may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which it is a party, or in accordance with the principle of mutual recognition of priority.
If priority is claimed in accordance with the preceding paragraph, a written statement shall be made at the time of filing the application for trademark registration, and a copy of the first application for trademark registration shall be submitted within three months; If a written statement is not made or a copy of the trademark registration application is not submitted within the time limit, it shall be deemed that no priority is claimed.
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** Products without a trademark are not illegal, and products without a registered trademark of jujube are naturally legal as long as they meet the quality standards stipulated by the relevant countries of the product, although not all goods must be registered trademarks, but registered trademarks can bring actual legal protection. Article 4 of the Trademark Law: If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration.
An application for registration of a trademark in bad faith for the purpose of use shall be rejected. The provisions of this Law relating to commodity trademarks shall apply to service trademarks. Article 6 of the Trademark Law:
Goods that require the use of registered trademarks by laws and administrative regulations must apply for trademark registration, and shall not be sold in the market without verification and approval.
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An unregistered trademark may be used in production, sales and other business activities, but the user does not have the exclusive right to use the trademark and shall not prohibit others from using it.
1. Which words and images cannot be registered as trademarks.
The following marks may not be used as trademarks:
1. It is the same or similar to the national name, national flag, national emblem, military flag, or medal of the People's Republic of China, as well as the name of a specific place where a state organ is located or the name or graphic of a landmark building;
2. It is the same or similar to the national name, national flag, national emblem, and military posture and flag of a foreign country, except for the consent of the country;
3. The name, flag, or emblem of the same international organization is the same or similar, except with the consent of the organization or where it is not easy to mislead the public;
4. It is the same or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for those that have been authorized;
5. It is the same or similar to the name or symbol of the Red Cross or Red Crescent;
6. Ethnically discriminatory;
7. Exaggerating propaganda and being deceptive;
8. It is harmful to socialist morality or has other negative influences.
2. Enterprise trademark registration process and fees.
The enterprise trademark registration process is divided into the following steps:
1. Trademark submission.
The enterprise submits an application for trademark registration to the Trademark Office.
2. Formal examination.
The Trademark Office conducts a formal examination of the registered trademark submitted by the enterprise to see whether it meets the requirements, and issues a notice of acceptance if it meets the requirements, and the Trademark Office will not accept it if it does not meet the requirements.
3. Substantive examination.
After passing the formal examination of the registered trademark of the enterprise, the Trademark Office will then conduct a substantive examination of the trademark, and if the substantive examination meets the requirements, the Trademark Office will issue a preliminary examination announcement, and if the substantive examination does not meet the requirements, the Trademark Office will reject the trademark.
4. Trademark announcement.
After passing the substantive examination, the registered trademark of the enterprise will enter the announcement period of 3 months, and if there is no enterprise or individual filing a trademark objection to the registered trademark of the enterprise during the announcement period, the trademark will enter the registration announcement, and if there is an enterprise or individual filing a trademark objection to the registered trademark of the enterprise, the enterprise trademark will enter the trademark opposition period.
5. Issue a trademark registration certificate.
If the enterprise trademark enters the registration announcement, the Trademark Office will issue the enterprise trademark registration certificate, which means that the enterprise trademark registration has been successful. If the enterprise trademark registration is handled by itself, the enterprise trademark registration fee is 300 yuan (one category, and limited to 10 goods and services in this category, and an additional 30 yuan will be charged for more than 1). At the same time, when the enterprise handles the application in the trademark registration hall, the fee for the registration of the enterprise trademark shall be paid at the same time as the application for registration.
When obtaining the trademark registration certificate, the enterprise does not need to pay other trademark registration fees.
Count as three no products. Clothes without a trademark are considered three-no products, and three-no products generally refer to products with no production date, no quality certificate, no manufacturer, and unknown sources. Another way of saying that the three-no product is a product without the name of the manufacturer, the second without the production site, and the third without the production health license code. >>>More
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