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What is the concept of trademark, trademark is everywhere in our life, the clothes we wear have a trademark, the things we eat have a trademark, the things we use have a trademark, an enterprise has a trademark, trademark is an indispensable thing on the road to success, Hongbung Intellectual Property tells you the story of trademark.
A trademark is the logo of an enterprise, and it can also be said to be a manifestation of corporate culture. With the establishment of each famous brand, the trademark has become an appreciating commodity at the same time. When your company becomes a big company, your trademark also appreciates in value.
Your trademark is also something that you have the exclusive right to use. Protected by intellectual property laws. It costs a certain amount of money for you to register a trademark and for you to buy a trademark.
Protecting your trademark from others is also protecting your own property. This is the expected value of the trademark.
Trademark Success?
To tell you very clearly, owning a trademark only means that it can help people to recognize the brand and shop. When consumers buy goods, they mostly remember the trademark and identify the quality of the goods by the trademark, that is, the so-called brand purchase.
Owning a trademark does not mean owning it.
One of the key points for the success of a trademark to gain consumer recognition is the quality of the product. The product meets the needs of consumers, and it will also be reflected in the best-selling degree in the market. In this way, it can change from a simple trademark to a well-known brand, which is the advertising function of the trademark.
There is no reason to get something for nothing, as the so-called hard work is a harvest! Have your own trademark, create the most real products, and promote and promote.
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If you have a business license, you must register, if you just start to do it, you can register a trademark a little later, the trademark is just a sign that belongs to the company, if you do a brand, it has a great effect and can protect your interests from infringement.
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Trademark application is a topic that cannot be avoided by entrepreneurship, however, the vast majority of entrepreneurs have little knowledge of trademark registration.
In the first half of 2018, there were 10,000 trademark registration applications in China; In June this year, China's trademark applications totaled 10,000, the cumulative number of registrations was 10,000, and the number of valid registered trademarks was 10,000, with an average of one valid trademark for every 6 market entities.
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The entrepreneurial Pi Liang company is blind to the need for a registered trademark. According to the relevant laws and regulations, the laws and administrative regulations stipulate that the goods that must use the registered trademark must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market. and where the foregoing provisions are violated, the perpetrator needs to bear corresponding legal responsibility.
[Legal basis].
Article 6 of the Trademark Law of the People's Republic of China.
Goods that must use registered trademarks according to laws and administrative regulations must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market.
Article 51.
Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a time limit, and if the illegal business turnover is more than 50,000 yuan, a fine of not more than 20 percent of the illegal business turnover may be imposed, and if there is no illegal business revenue or the illegal business turnover is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.
Article 52.
Where an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it, and if the illegal business turnover is more than 50,000 yuan, a fine of less than 20 percent of the illegal business turnover may be imposed, and if there is no illegal business revenue or the illegal business turnover is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.
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What is the effect of a trademark for a start-up? What should be paid attention to when a start-up company has a registered trademark?
One is to build a brand.
For start-ups, brand building can not only quickly seize the market, but also promote customers' understanding of the product and facilitate the marketing and operation of the product. Foregoing: Once the brand is supported, the value of the trademark will be priceless. Durex has seriously jeopardized the product business by directing traffic to other products.
If Durex had not registered the trademark at the time, the damage would have only been worse.
Second, a trademark is an intangible asset that can be transferred and licensed to others.
Take 10,000 steps back, if the entrepreneur fails to succeed in the field of trademark entrepreneurship, there is still a chance to transfer, license others, the trademark is the intangible asset of the entrepreneur, which is what the start-up must have, and it is impossible to become an obstacle to the future development of the start-up, and having high-quality investment will become the field of future entrepreneurship.
Third, only by examining and approving a registered trademark can it be protected by the corresponding law.
For entrepreneurs, every effort, every development reflects the wisdom, sweat and experience of the team, with the continuous expansion of the enterprise, the value of the trademark will continue to increase, the growth rate far exceeds other tangible assets, more importantly, assets, more importantly, many products only approved trademark registration will be subject to the corresponding legal protection, in addition, some official qualification documents, quality inspection reports need to appear trademark certificates.
To determine the value of a registered trademark, what aspects should startups pay attention to when registering a trademark?
First of all, it is necessary to learn to judge the similarity of trademarks. In order to facilitate customer identification, it is not recommended to choose brand names and trademarks that are similar to other well-known trademarks. In addition to being inconvenient for customers to identify, it is also not easy to be relied upon by the examiner of the Trademark Office; Then, you need to select and determine the trademark, including text, graphics, data, letters, three-dimensional signs, color combinations, etc.; After entering the approval stage, it is also necessary to respond to trademark oppositions, reviews and other situations in a timely manner and provide materials.
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Trademark is a symbol of the enterprise brand and an important part of the intellectual property rights of the enterprise. The registration of a trademark is the process of applying for trademark registration and obtaining a certificate of registration from the ** institution. Why do I need a registered trademark? Here are a few reasons why:
1.Exclusivity: Trademark registration gives the trademark owner the exclusive right to use the trademark in a specified field for a certain period of time.
This means that no other business can use the same or similar BITA trademark to sell similar goods or services. This is conducive to the protection of the company's brand and goodwill, and to prevent other enterprises from infringing on their trademarks.
2.Consumer trust: Registered trademarks can effectively enhance brand image and brand awareness, establish the reputation and quality image of the enterprise among consumers, and attract more consumers to choose to buy the company's products or services.
3.Fight against unfair competition: Trademark registration can prevent malicious competitors or misappropriaters from infringing on the trademark rights of enterprises, obtaining improper profits and unfair competitive advantages. Trademark registration can legally protect an imitation enterprise from unfair competition by others.
4.Trademark value: Registered trademarks can increase the value of enterprise trademarks, strengthen intellectual property protection, and facilitate the business expansion of enterprises. Especially in the process of enterprise acquisition, financing, listing, etc., the value of trademark registration is particularly important.
Therefore, trademark registration is an important means to protect the intellectual property rights and brand image of enterprises, and can effectively protect the interests of enterprises and consumers.
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The role of a registered trademark is very important.
First of all, trademarks can help businesses build brand image and recognition. By registering a unique trademark, the company can differentiate itself from its competitors in the market, allowing consumers to easily identify and remember the company's products or services. This helps build brand loyalty and attract more consumers to the company's products or services.
Secondly, a trademark can protect the intellectual property rights of a business. Registering a trademark can ensure that the enterprise has the exclusive right to use the trademark, prevent others from unauthorized use of similar or identical trademarks, and thus protect the business interests and reputation of the enterprise. The registration of a trademark can also provide legal protection for the enterprise, enabling the enterprise to hold the infringer accountable and obtain the corresponding compensation.
In addition, trademarks can also create economic value for businesses. With the improvement of enterprise popularity and brand value, trademarks can become one of the important assets of enterprises. Enterprises can maximize the commercial value of trademarks and increase their revenue and profits by authorizing others to use trademarks or carry out brand cooperation.
In short, the role of a registered trademark is multifaceted. It can not only help enterprises establish brand image and recognition, protect the intellectual property rights of enterprises, but also create economic value for enterprises. Therefore, enterprises should pay attention to the registration and management of trademarks to ensure their dominant position and long-term development in market competition.
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Once you have registered your company, why do you need to register a trademark? Welcome to follow, like, next wonderful content recommendation, please send private messages for business handling, many bosses said, my company has just registered, the name is used first, and then the company will become bigger, and then to register the trademark, and even more, my company is very small, there is no need to register a trademark. This notion is wrong.
Because when you use it, it may be on the road of infringement, and if someone else registers first, they can sue you for infringement. Let's follow along to find out why register a trademark? The word trademark is a foreign word, in English"trademark"。
Trademark refers to a visible sign composed of words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, which are used by producers and operators on goods and their packaging or service marks in order to distinguish their own goods or services from the goods or services of others"Trademarks are the best salesmen who can't speak. "One sentence summarizes the greatest use of a trademark Any trademark represents the intrinsic quality and standards of the specific product to which it is attached, and to a certain extent indicates the quality responsibility of the producer or operator for the product, so as to ensure that consumers can choose and identify the product with the trademark in the similar products that compete with each other Therefore, the trademark is an information resource, has the function of creating value, and is well known to consumers through the extensive publicity of the trademark, opens up the market, and brings benefits to the enterprise The trademark is not registered, It will not only cause damage to its economic reputation, but also likely to infringe on the exclusive right to use the trademark of others, which will affect the normal production and operation of the enterprise and cause unnecessary losses.
1. The user does not enjoy the exclusive right to use the trademark The trademark is unique and exclusive, and the enterprise without a registered trademark does not have the exclusive right to use the trademark. Investing a lot of advertising in the early stage will be recognized by consumers, but because you have not registered this trademark, others can also use your trademark brand, which is equivalent to being used by everyone. This will affect the essential role of the mark in indicating the goods** and will also adversely affect the quality and reputation of the goods represented by the mark.
After the trademark is registered, no one else is allowed to use the same or similar trademark to promote similar products 2. There is a high risk of being preemptively registered The Trademark Law stipulates that the principle of first-to-apply for trademark registration in China is adopted. If your trademark is preemptively registered by others in the process of use, then people have the right to let you stop using the trademark after successful registration, so the impact of your early hard publicity is to make wedding dresses for others 3. It is easy to infringe on the rights of others Since your trademark has not been registered and reviewed, if you find that the trademark you use is the same or similar to the trademark previously applied by others during use, then you constitute an infringement of the trademark of others 4. It cannot become an intangible asset Since your trademark has not been registered and reviewed, If you find that the trademark you are using is identical or similar to the trademark previously applied for by someone else, then you are infringing the trademark of someone else.
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1. Procedures for applying for trademark registration.
1. When the applicant requests trademark registration, he or she needs to provide a copy of the business license stamped with the official seal of the unit, or a copy of the business license and personal ID card of the self-employed person with the official seal.
2. To apply for trademark registration, you need to pay an official fee of 270 yuan;
3. The time required to apply for trademark registration is about 4-6 months for the notice of preliminary examination;
5. The trademark applied by the applicant needs to meet certain requirements, otherwise it will be rejected.
6. It can be text, English, Chinese characters, graphics, separate application or a combination thereof.
7. In China, the department to which the trademark registration application belongs is the Trademark Office of the State Intellectual Property Office.
2. Frequently asked questions and precautions for trademark registration application.
When a domestic legal person or other organization directly applies for trademark registration, it shall submit the following documents: fill in and print the Application for Trademark Registration in accordance with the regulations, and affix the applicant's official seal, trademark drawing, and copy of identity document. A certification mark refers to a sign controlled by an organization that has the ability to supervise a certain goods or services, and is used by an entity or individual other than the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
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The purpose of a registered trademark is mainly to enjoy the exclusive right to use its trademark in accordance with the law, and to exclude others from using the same or similar goods on goods that are identical or similar to the goods designated by the registered trademark.
The trademark applicant obtains the exclusive right to use the trademark, and the registered trademark has the exclusive right to use a certain brand name and brand logo, which is protected by law and cannot be imitated by any other enterprise. Protected by law, the trademark registrant enjoys the exclusive right to use the trademark.
The trademark registrant has the exclusive right to use the trademark and also has the right to license others to use the trademark for remuneration. The duration of protection of trademark rights varies from country to country, but after the expiration of the term, the trademark can be renewed as many times as you pay an additional fee.
Extended Materials. Benefits of Registering a Trademark:
1. It is convenient for consumers to recognize the brand and shop.
2. The trademark registrant has the exclusive right to use the trademark and is protected by law.
3. Through trademark registration, you can create a brand and occupy the market first.
4. A trademark is an intangible asset whose value can be evaluated.
5. The value of a trademark can be realized by transferring, licensing to others, or pledge.
6. Trademark is also a necessary condition for quality inspection, health inspection, bar code, etc.
7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.
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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 the trademark registrant who has approved and registered a trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoys the exclusive right to use the trademark and is protected by law.