Trademark intellectual property issues, intellectual property law, what are trademark issues

There is a first-to-register principle in trademark law, which means that whoever registers first has the right of first use. In addition, without the authorization of the prior registrant, no institution or individual can use it illegally.

In this case, after the withdrawal of shares, the legal representative of Company A is no longer the legal representative, the legal persons of the two companies are not the same person, and Company B cannot use the trademark of brand X without the authorization of Company A.

The trademark right belongs to the trademark registrant, which means that Company A infringes.

If Company A registers Brand X with a business license when it registers it, if it wants to say infringement, it is Company B's infringement, because Company B is no longer in Company A, and Brand X is registered in the name of Company A, and now Company B has withdrawn its shares, that is, Company B has no right to use the trademark of Brand X.

If Company A registers Brand X as an individual, the reverse is true.

I am a trademarker, and I happened to encounter a trademark problem, so I came in and took a look, hoping to help you.

Look at whether the trademark is registered in the name of a company, an individual or a business. If it is an enterprise and the registered name is A, it is A's trademark, and B infringes. Vice versa. Individuals too.

If the legal person, enterprise name, location, etc. of the company is changed, the trademark should be changed to the Trademark Office in a timely manner.

It depends on whether A registered the X trademark in his personal name or in the name of the company.

If it is registered in the name of Company A, Company B's use without the authorization of Company A constitutes infringement.

However, it is necessary to see whether the types of goods in which Company B uses the X trademark are among the original registrations of Company A.

Without the permission of the trademark owner, the actor uses a trademark identical or similar to the registered trademark on the same or similar goods, or other acts that interfere with or hinder the trademark owner's use of the registered trademark and damage the legitimate rights and interests of the trademark owner. In this case, the word "delicious to come to Jiamei melon seeds" is used on melon seeds, which is not very distinctive, and the prominent part of the trademark "Jiamei" is "Jiamei", which is likely to cause consumers to misidentify or confuse when used on melon seeds. 2. You can file a dispute application with the review and adjudication committee within 5 years after the successful registration of the "Jiamei" trademark to revoke the improper registration.

3. The contract has been performed and is valid. The revocation decision has no retroactive effect on this licence contract. This question examines the retroactivity of judgments and rulings after the revocation of trademark rights.

Article 36 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China shall be deemed to have ceased to exist in the event that the exclusive right to use a registered trademark is revoked in accordance with Article 41 of the Trademark Law. Decisions or rulings on the revocation of registered trademarks shall not have retroactive effect on the judgments or rulings of trademark infringement cases made and enforced by the people's courts before the revocation, the decisions on the handling of trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark transfer or license contracts that have been performed; However, the trademark registrant shall be compensated for the losses caused to others due to malicious intent. Article 41 of the Trademark Law provides that if a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall revoke the registered trademark; Other entities or individuals may request the Trademark Review and Adjudication Board to rule on the revocation of the registered trademark.

The premise of trademark infringement is that the trademark is used in the sense of trademark law, and if there is none, it does not constitute infringement. Use in the sense of trademark law refers to the use of trademarks to distinguish goods or services.

Of course, there are many precautions when quoting other people's trademarks, such as:

First, the way the trademark is displayed is very important.

Be sure to prominently display your logo on the product packaging, such as large fonts and eye-catching colors. The text of other people's trademarks should be as unconspicuous as possible, especially the trademark part, do not use special colors, and try to use small fonts. In this way, there will be no misunderstanding among the relevant consumers, and there will be no trademark infringement.

In fact**、There are many examples on Jingdong**,For example,A certain brand data cable,Applicable to HuaweiP50。

In addition, if it is possible to ensure that trademark A and trademark B are not displayed in the same area, try not to place them in the same area. For example, the A trademark is in the upper left corner of the front of the package, and the text with the B trademark is placed in the lower right corner of the front or the product description area on the back of the package to avoid misidentification by relevant consumers.

In addition, pay attention to the way of expression, try not to put the B trademark at the beginning of the word, and do not use words that will make people think that product A is authorized by the B trademark. In fact, there is something inappropriate in the expression of B mechanical special, which gives people the feeling that product A is produced under the authorization of B. In fact, a better option is "suitable for B machinery".

Second, the product quality of a product should meet the national standards.

If the reputation of trademark B is affected by the unqualified quality of A products, it can also be determined as infringement.

3. Product B may have technical patents, or need to be authorized for production.

It is recommended to contact the manufacturer of product B for confirmation. Privately produced products may face patent infringement.

Trademark infringement is a complex legal issue, and you can consult a professional lawyer on the correct way to use your trademark.

If you put the trademark on the outer packaging without the authorization of the owner of the trademark of the machinery brand, then this may be considered an infringement.

Because the trademark owner has the exclusive right to use and control the trademark, unauthorized use of the trademark may cause confusion or misunderstanding among consumers, which in turn will affect the commercial interests of the trademark owner.

Example"A consumables - B machinery special"If B is a mechanical trademark to be borrowed and is not authorized to be used by B's mechanical trademark, this is considered infringement. In this case, you should consider getting authorization from the trademark owner or changing the way you use your trademark.

Trademark infringement generally refers to the use of another person's registered trademark or trademark-like logo to sell goods or services without authorization.

In the example you provided, you are using someone else's trademark B to mark your outer packaging, in which case you need to obtain authorization from B Machinery, otherwise it may be considered infringement.

In this case, you should contact B Machinery to request authorization and obtain written permission, the terms and conditions of which vary from company to company.

In addition, in addition to the loss of trademark rights and goodwill, the use of trademark infringement may also bring legal disputes and economic losses to your business, so you should try to avoid trademark infringement.

If you have any questions, it is recommended to consult a professional on the specific problem and give you a professional answer to avoid unnecessary losses.

Yes, it is common to mark on the outer packaging (B exclusive).

Trademarks are intellectual property. The acquisition of trademark rights requires the registration of registered trademarks, which are commercial signs used to distinguish different goods and services, and are composed of words, graphics, letters, numbers, three-dimensional signs, color combinations or a combination of the above elements. Trademark rights are the exclusive results created by the intellectual labor of enterprises or individuals 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 is unregistered, and if it has been registered, you can only change your trademark. The registrant may entrust the company to submit an application for inquiry 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 identical or similar to the trademark that has been applied for or registered earlier;

2. There are two ways to register a trademark: one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; Another way to register is to entrust the services of an experienced trademark organization;

3. Fill in the trademark registration application form and submit the application to the State Trademark Office in accordance with the registration method decided by yourself;

4. After accepting the application, the State Trademark Office will issue a notice of acceptance of trademark registration to the applicant. If the examination of the trademark application fails, the State Trademark Office will issue a notice of rejection to the applicant for trademark registration and inform the applicant of the detailed reasons for rejection.

5. If the review is successful, the registered trademark will be officially announced on the China Trademark Network, and if there is no objection after the expiration of the 3-month public period, the State Trademark Office will issue a notice to receive the trademark registration certificate.

6. Obtain the trademark registration certificate: if it is through the first organization, the first person will send the trademark registration certificate to the registrant; If the registration is handled directly, the registrant shall collect the certificate from the Trademark Office within three months after receiving the notice of obtaining the trademark registration certificate, and shall also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card and a copy of the certificate of the licensee, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice of obtaining the trademark registration certificate, and the change certificate issued by the industrial and commercial department if the name of the trademark registrant is changed.

Legal basisArticle 56 of the Trademark Law of the People's Republic of China.

The exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods approved for use.

Article 57.

1) Without the permission of the trademark registrant, the trademark identical to the registered trademark is used on the same goods;

2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark that is identical to or similar to the registered trademark of the trademark registered by the trademark registrant, which is likely to cause confusion;

3) Selling goods that infringe upon the exclusive right to use a registered trademark;

4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

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

6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe upon the exclusive right to use a trademark;

7) Causing other damage to the exclusive right to use a registered trademark of another person.

Trademarks are intellectual property. According to Article 123 of the Civil Code of the People's Republic of China, civil subjects enjoy intellectual property rights in accordance with the law, and the exclusive rights enjoyed by the right holder in respect of the trademark in accordance with the law belong to intellectual property rights.

Legal basis] Article 123 of the Civil Code of the People's Republic of China.

a) the work; 2) Inventions, utility models, and designs;

c) trademarks; 4) geographical indications;

5) Trade secrets;

6) Layout design of integrated circuits;

vii) new plant varieties;

8) Other subject matter provided for by law.