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After registration, the trademark is protected by law, and if it is used or counterfeited by others, you can request to stop the infringement and compensate for the damages according to the law.
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Trademark registration is of course useful, otherwise the number of trademark registrations is constantly increasing every year, and more and more people are paying attention to the importance of trademarks.
The trademark registered by the Trademark Office is a registered trademark, and the trademark registrant has the exclusive right to use the registered trademark, which is protected by law, and the exclusive right to use the trademark shall include: 1) The right to use: The trademark registrant has the right to use the trademark on the goods and services that its registered trademark is intended to use, and to use the trademark in related commercial activities.
2) Licensing right: The trademark registrant has the right to license others to use its registered trademark in accordance with the law by signing a trademark license contract. 3) Exclusivity:
The trademark registrant has the exclusive and exclusive right to register the trademark, and no other person may use the trademark that is identical and similar to the registered trademark on the same or similar goods or services without authorization. 4) Right to prohibit: The registrant has the right to stop the unauthorized use of the same or similar registered trademark by others on the same or similar goods or services.
5) Right of transfer: The trademark registrant has the right to transfer his registered trademark to others with or without compensation through legal procedures. 6) Inheritance:
As intangible property, a trademark can be inherited by its heirs in the order of property inheritance.
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Legal analysis: First of all, the change of font of a registered trademark can easily lead to disputes. If a registered trademark needs to change its logo, it should re-apply for registration.
Article 49 stipulates that if a trademark registrant changes the registered trademark, the name and address of the registrant or other registration matters in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark. Among them, "self-change of registered trademark" includes changing the font of the registered trademark.
The above provisions mean that the use of registered trademarks should be strictly limited to the approved trademark drawings and approved use of goods (services), and the registered marks should not be displayed if the trademark drawings are changed or the scope of goods approved for use is exceeded, otherwise there will be a risk of impersonating the registered trademarks of others; If the changed trademark design is identical or similar to the registered trademark of another person, the company will bear legal liability for trademark infringement. Therefore, the font that should be used for a registered trademark should not be changed at will.
Legal basis
Measures for the Registration and Administration of Collective Trademarks and Certification Marks》 Article 4 Where an application for registration of a collective trademark is made, a certificate of the entity's qualification shall be attached, and the names and addresses of the members of the collective organization shall be explained in detail; Where a geographical indication is applied for registration as a collective trademark, the qualification certificate of the entity shall be attached, and a detailed description of the professional and technical personnel and professional testing equipment possessed by the institution it has or the institution entrusted by it shall be detailed, so as to show that it has the ability to supervise the use of the specific quality of the goods under the geographical indication.
The basic function of a trademark is to distinguish it from the company's products in the same industry, and by registering the trademark, you obtain the exclusive right to use the trademark, and the registered trademark in the same industry is protected by law. >>>More
At present, more than 10 million valid registered trademarks in China are close to the limit of trademark words, and it is difficult for enterprises to find new combinations of Chinese characters for trademark registration. "There are fewer and fewer trademark resources that are well combined, have good meanings, and are easy to remember, and it is more difficult for later people to apply for them, and it is easy to be rejected because they damage the rights of prior trademarks. >>>More
1. About 60 days after the application is filed, the Trademark Office will issue a notice of acceptance. >>>More
Hello, trademark registration requires professional knowledge, to determine the category to check the success rate of trademark registration, reduce the risk, I hope to help you.
How do I register a trademark? What needs to be done.