The existence of a Trademark allows customers to identify objects by seeing pictures, which is of great significance. However, if the exclusive right to trademark cannot be obtained, the significance of identifying objects by seeing pictures is not significant. So, how is the exclusive right to trademark obtained? What methods can be used? ?Today, the editor of Legal Savior Network has compiled and summarized the following content for you, hoping to answer your questions.
How to obtain exclusive rights to a trademark< /p>
"Trademark Law" stipulates: "Trademarks approved and registered by the Trademark Office are "A registered trademark, the trademark registrant has the exclusive right to use the trademark and is protected by laws and regulations." This shows that in order to obtain the exclusive right to use a trademark, one must apply for registration with the National Trademark Office in accordance with the law before the trademark can be registered. Generally, it is up to the user to decide independently. However, Products used in some special products (such as human medicines and tobacco products) must apply for registration, otherwise they may not be manufactured or sold on the market. Unregistered trademark parties can also use the trademark on goods, but the exclusive rights cannot be obtained and are not protected by law. Next to the trademark used on the goods, if there is "registered trademark", or "note" or "R", it means that the trademark has been registered.
There are three ways to obtain exclusive rights to trademarks. There are different requirements and regulations for the three acquisition methods according to their respective characteristics.
1. Original acquisition of registered trademark rights
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Trademark registration applications can be submitted directly to the China Industrial and Commercial Administration in Beijing You can handle it at the Trademark Office of the State Council, or you can entrust a professional trademark agent.Institutional handling. If the applicant is a foreigner or a foreign enterprise, he shall entrust a foreign-related trademark agency designated by the State Administration for Industry and Commerce to act as his agent.
2. Acquired through transfer< /p>
For registered trademarks, ownership can be transferred by contract, but Only after application, announcement and other procedures, and approval by the Trademark Office of the State Administration for Industry and Commerce, can you obtain the "Certificate of Approval for Transfer of Registered Trademark" and the "Trademark Registration Certificate" before you can obtain the exclusive right to use a trademark.
3. License to use trademark rights
This is a type of trademark owner allowing others to use his or her registered trademark It is a commonly used method and the operating procedures are relatively simple. You only need to register the trademark license contract with the Trademark Office.
It should be pointed out that well-known trademarks and well-known trademarks It is not obtained by registration, but is independently recognized by the trademark authority in accordance with legal duties; among them, well-known trademarks must be recognized by the Trademark Office of the State Administration for Industry and Commerce, and Shanghai famous trademarks must be recognized by the Shanghai Municipal Administration for Industry and Commerce. Because of its prominent status, well-known trademarks receive special protection from national laws and international conventions, such as protection across commodity categories, cross-border protection, cross-enterprise protection, etc.; well-known trademarks and well-known trademarks are closely connected and are well-known trademarks. The basis of a trademark. It also enjoys extraordinary protection at home.
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