What is the scope of protection of trademark rights
Scope of protection of exclusive trademark rights:
Article 556 of the "Trademark Law" stipulates: "A registered trademark The exclusive right is limited to the approved registered trademark and the approved goods for use." This is specifically reflected in two aspects:
(1) The protection of registration is limited to the approved registered trademark.
If the trademark actually used by the person is the same as the trademark approved for registration If the trademarks are inconsistent, not only the exclusive right to use the trademark cannot be effectively protected, but it may also bring four consequences: first, it constitutes an illegal act of changing the words, graphics or combination of the registered trademark on its own; second, it constitutes an illegal act of changing the trademark on its own. If it is obviously different from the approved registered trademark and at the same time indicates the registered mark, it constitutes an illegal act of passing off a registered trademark; thirdly, if the changed trademark is similar to someone else's registered trademark, it will constitute an infringement of the exclusive rights of others' trademarks; Fourth, the registered trademark was revoked due to non-use for three consecutive years.
(2) The protection of the exclusive right of a registered trademark is limited to the goods approved for use.
If the goods actually used by the trademark registrant are inconsistent with the goods approved for use, not only will it not be able to effectively protect its own trademark exclusive rights, but it may also lead to three consequences:
First, the use of a registered trademark beyond the approved scope of goods constitutes The illegal act of counterfeiting a registered trademark; second, the registered trademark was revoked because it was not used on the approved goods for three consecutive years; third, the use of the registered trademark beyond the scope of the approved goods (except for goods similar to the approved goods) constitutes infringement.
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