1. What is trademark registration and what does trademark registration mean
1. Trademarks approved and registered by the Trademark Office It is a registered trademark, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
2. The collective trademark referred to in this Law is Refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
3. The certification mark referred to in this Law is Refers to a product or service that is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to prove the origin, raw materials, manufacturing methods, quality or Other signs of specific qualities.
4. Registration and management of collective trademarks and certification trademarks Special matters shall be stipulated by the industrial and commercial administration department of the State Council.
5. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply to the Trademark Office for trademark registration. If it is not for the purpose of use, Bad faith trademark registration applications should be rejected.
This The provisions of the Law on commodity trademarks are applicable to service trademarks.
2. Is trademark right an intellectual property right?
The main features of intellectual property rights
(1) Intellectual property is a kind of intangible property.
(2) Intellectual property has the characteristics of exclusivity.
(3) Intellectual property rights have temporal characteristics.
(4) Intellectual property rights have regional characteristics.
(5) The acquisition of most intellectual property rights requires legal procedures.
Trademark rights Obtaining requires registration. A registered trademark is a commercial mark used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional logos, color combinations, or a combination of the above elements. Trademark rights are used by enterprises or individuals for commercial purposes. And the proprietary results created by intellectual labor.
So, trademark rights belong to intellectual property rights.
3. What are the legal liabilities for trademark infringement
1. Administrative responsibilities.
For those who infringe the exclusive rights of registered trademarks, according to Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law, industrial and commercial Administrative agencies may take the following measures to impose penalties.
(1) Order to stop the infringement. The specific measures are as follows:
① Order to immediately stop sales;
② Confiscate and destroy infringing goods ;
③Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.
(2)Issuing a fine.
For those who infringe the exclusive rights of registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of less than 50% of the illegal business revenue or five times the profits gained from the infringement. A fine of not more than 10,000 yuan may be imposed on the person directly responsible for the infringement unit, depending on the circumstances.
2. Civil liability
According to Article 179 of the Civil Code It stipulates that the ways to bear civil liability include stopping the infringement, eliminating the impact, and compensating for losses. According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for losses. Among them, the amount of infringement compensation is the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If it is difficult to determine the first two, the people's court will award a compensation of less than 500,000 yuan based on the circumstances of the infringement.
3. Criminal liability
In addition to administrative liability and civil liability, infringement of trademark rights also It may constitute the crime of counterfeiting a registered trademark, the crime of selling goods with counterfeit registered trademarks, the crime of illegally manufacturing registered trademark signs, and the crime of selling illegally manufactured registered trademark signs.
Everyone will understand after reading the content of this article. This is also relatively important legal knowledge at present. If you have other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
