What principles are followed in the international recognition of trademark rights?

As the economic value of trademarks continues to become more prominent, more and more people are paying attention to Trademark rights and are beginning to use trademark rights to defend their own rights or strive for benefits. Both international and domestic laws have relevant regulations. So, what principles are followed in the international recognition of trademark rights? The editor of Legal Savior Network has found out the relevant content for you as follows.

What principles are followed in the international recognition of trademark rights

Generally used first, China is Register first.

Constitution of trademark infringement

From the perspective of my country’s trademark law, The constitution of trademark infringement usually includes the following elements:

(1) Illegality. That is, the perpetrator objectively exercised the rights enjoyed by the trademark owner in accordance with the law without permission and without other legal basis.

(2) Damage consequences. Damage has been caused or is about to happen, that is, the infringement has caused damage to the trademark owner or is about to cause damage, which can be manifested as a decrease in product sales, a decrease in profits, or a decrease in trademark reputation.

(3) Causal relationship. The damage consequences are causally related to the illegal behavior, that is, the damage consequences are directly caused by the illegal behavior.

(4) Fault. Including fault-free and no-fault. Generally speaking, the perpetrator uses illegally For trademarks that are identical or similar to a registered trademark, forge or create without authorization the logo of a registered trademark of another person, or reversely counterfeit a registered trademark, the subjective fault of the perpetrator shall be the essential factor in determining whether the infringement is infringement; and for the sale of counterfeit registered trademarks When determining whether a product is infringing, the subjective fault of the actor is not required. Even if the actor is not at fault, it still constitutes trademark infringement, but he is not liable for compensation, but he still has to bear other corresponding civil liabilities.

Characteristics of trademark infringement

Trademark infringement has many differences from ordinary civil infringement. It is generally believed that trademark rights have three characteristics, namely the intangibility of the rights object, the regional nature of rights protection, and the duration of rights protection. It is also the difference between trademark rights and other civil rights. Based on these three characteristics, trademark infringement has the following characteristics:

(1) The intangibility of the object of infringement of rights

The object of trademark infringement is the exclusive right of a registered trademark, and one of its characteristics is intangibility. The object of trademark rights is an intangible intellectual creation, a product that can be separated from its Intangible information that exists without the owner, can be copied and forged, and can be used by several owners.Under normal circumstances, the intellectual property will not be damaged or lost due to the use of multiple entities. This characteristic is what distinguishes it from tangible property.

(2) Regional nature of infringement

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The territorial nature of trademark rights refers to the territorial nature of trademark rights based on the laws of a country. The exclusive right to use a trademark obtained is only valid within the territory of that country and will not be effective in other countries in principle. Countries around the world, in accordance with the principle of national sovereignty, only protect trademark rights obtained in accordance with their own national laws and do not recognize the validity of trademark rights established by foreign countries in their fields. Since trademark rights are territorial, infringement of trademark rights can only occur within the region where the trademark rights are protected. For example, a trademark registered in China cannot be protected in foreign countries. Since trademark rights have regional characteristics, there are currently two ways to obtain protection for your trademark abroad: one is to register it country by country, that is, register directly with the relevant countries one by one; the other is to register the trademark internationally and submit it to the relevant countries. The state applies for territorial extension.

(3) Temporality of the infringing object

The timeliness of trademark rights refers to the exclusive right to register a trademark It is protected by law during the registration period. When the registration period expires, the rights will terminate automatically. The protection of trademarks under my country's Trademark Law is limited to registered trademarks, and unregistered trademarks are not protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration, but it can be renewed upon expiration. The validity period of each renewal registration is ten years, calculated from the day after the expiry of the previous term of validity of the trademark. The renewal period No limit to the number of times,

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