1. What should you pay attention to when registering a trademark?
1. (1) Apply for protection for its own main categories. Enterprises must register trademarks in the category of their main business. For example, if they sell clothing, they must register the clothing first;
(2) The industry category of interest must be registered. For example, those who sell beverages need to register the pesticide category at the same time; those who make food need to register the toilet category at the same time to avoid others having a negative impact on the brand they have operated for many years;
(3) Internet and advertising must be registered. In the era of the Internet and self-media, due to the need for publicity and promotion, corporate products and services are increasingly provided to consumers with the help of Internet tools such as public accounts and website platforms. Brand infringement cases and name squatting cases occur frequently;
(4) Register product categories affiliated with the industry. Trademark registration not only needs to protect the industry category, but also the industries with ancillary products, such as employee clothing, lest one day, company employees uniformly print a logo on their clothing, and the trademark owner comes and asks to change clothes;(5) Register relevant similar trademarks for defensive use. If you pay attention, you will find that many companies will copy their own brands and make it look like they are copycats. In fact, this is a way for companies to protect their brands;
2. Legal basis: "Trademark Law of the People's Republic of China"Article 7 When applying for registration and use of a trademark, the principle of good faith shall be followed.
Trademark users shall be responsible for the quality of the goods on which they use the trademark. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.
Article 9 The trademark applied for registration shall have distinctive features that are easy to identify and shall not conflict with the legal rights previously obtained by others.
The trademark registrant has the right to indicate "registered trademark" or registered mark.
Article 10 The following signs shall not be used as trademarks:
(1) Same as the People’s Republic of China The name, national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. of the Republic are the same or similar, and are the same as the name, logo of the central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building ;
(2) Identical or similar to the country name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;
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(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;
(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
(5) The same or similar name or symbol as "Red Cross" or "Red Crescent";
(6 ) is ethnically discriminatory;
(7) is deceptive and can easily mislead the public about the product.Misunderstanding of quality and other characteristics or place of origin;
(8) Harmful to socialist morals or other adverse effects.
Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
2. What are the differences between trademarks and business names
1. The scope of exclusive rights between the two is different. Once a service trademark is approved and registered, it enjoys exclusive rights throughout the country; corporate names only enjoy exclusive rights within the specified area;
2. The two components are different. The company name generally consists of the administrative division name, trade name, industry or business characteristics, and organizational form; the trademark can only consist of a significant part that distinguishes it from the services provided by others;
3. The two expressions are different. Service marks are expressed in the form of words, graphics and their combinations; corporate names can only be expressed in words;
4. The applicable laws are different. The trademark can be transferred or licensed to others, but the company name cannot be transferred alone, nor can it be used by others;
5 , the two functions are different. A service trademark only distinguishes the origin of different services, while a company name can identify the operations of different companies, including services and goods; a company can have multiple trademarks for services or goods, but generally there is only one company name;
6. The legal procedures applicable to the two are different. It generally takes one year to register a trademark. According to relevant laws and regulations, when a trademark owner applies for trademark registration, he should submit the corresponding The Trademark Office shall review the application materials within nine months from the date of receipt of the trademark registration application documents. If they comply with the relevant provisions of this Law, a preliminary review and announcement shall be made. For a trademark that has been preliminarily reviewed and announced, three months from the date of announcement Within one month, if there is no objection after the announcement period expires, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to Legal Savior Consult a professional lawyer online.