What is trademark right and what are the conditions of use
Trademark rights refer to the rights of the trademark owner to their trademarks. exclusive and exclusive rights. Since the acquisition of trademark rights in my country follows the registration principle, trademark rights are actually exclusive rights applied by the trademark owner and confirmed by the National Trademark Office, that is, exclusive rights arising from trademark registration. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, or a combination of the above elements.
Conditions for the use of trademark rights:
(1) The design of the trademark logo must be composed of text, graphics, letters , numbers, three-dimensional logos and color combination elements.
(2) The words and graphics used in the trademark should Have distinctive features for easy identification.
(3) Inconsistent with others’ registered trademarks sameOr not similar.
(4) It does not fall within the scope of the prohibitive provisions of the Trademark Law.
(5) Application for registration should be made to the Trademark Office in accordance with the law , without registration, its user shall not obtain trademark rights.
"Trademark Law" clearly stipulates that the following trademarks shall not be used Text and graphics:
(1) With the government The same or similar flag, emblem, or name of an international organization. International organizations are recognized by many governments. They are leaders in international public affairs and should be respected. For example, the five-ringed flag of the Olympic Games, the emblem of WIPO (World Intellectual Property Organization) and similar graphics cannot be used as trademarks.
(2) Directly indicates the quality and main content of the product Text and graphics of raw materials, functions, uses, weight, quantity and other characteristics. This is also stipulated to ensure that the trademark has distinctive features. If the quality, main raw materials, functions, uses, weight, quantity, etc. of the product are directly used as a trademark, it will be impossible to highlight the distinctive features of the products of different manufacturers. At the same time, it is also easy to make exaggerated publicity and deceive customers. Some manufacturers use such words or graphics in violation of regulations because they do not understand trademark laws, are seeking convenience, or seek the goodwill of low-priced products in the market.
(3) Exaggerated and deceptive propaganda symbols of. Exaggerated propaganda is a kind of false propaganda that goes beyond the quality of the original product..
(4) Place names of administrative divisions above the county level Or foreign place names known to the public shall not be used as trademarks. Because geographical names lack distinctiveness, they can only indicate the place of origin of goods and cannot help consumers identify the producers of goods; at the same time, place names are common to everyone and should not be exclusive to a certain producer. However, if the place name has other meanings, this can be excluded.
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