Which department is the trademark registration department?

The competent authority for Trademark registration is the industrial and commercial administration department. Regarding the question of which department is the trademark registration department, the editor of Legal Savior Network will give you a detailed answer below.

1. Which department is the trademark registration department?

1. What is the trademark registration department? The competent department is the industrial and commercial administration department.

2. Legal basis:

Article 2 of the Trademark Law of the People's Republic of China, The Trademark Office of the Administration for Industry and Commerce of the State Council is responsible for the registration and management of trademarks nationwide. The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.

Article 3: Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the rights to the trademark Exclusive rights are protected by law. The term "collective trademark" as mentioned in this Law 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.

Marks used on goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

2. What are the differences between unregistered trademarks and registered trademarks?

The main differences between unregistered trademarks and registered trademarks The differences in legal status are mainly reflected in the following aspects:

1. The owner of a registered trademark can exclude others from registering the same or similar goods. Identical or similar trademarks; users of unregistered trademarks have no right to exclude others from registering identical or similar trademarks on the same or similar goods.If a similar trademark does not apply for registration, it may be registered by others first and the trademark may be prohibited from continued use.

2. The owner of a registered trademark enjoys the exclusive right to use the trademark. When the registered trademark is counterfeited and used by others, constituting trademark infringement, the trademark owner can request the illegal user to bear legal liability. However, the use of an unregistered trademark by an unregistered trademark user is only a fact, not a right. He has no right to prohibit others from using the unregistered trademark, and the prior user has no right to invoke trademark law to request litigation protection against a third party's use.

3. It is the right of the trademark owner to use the approved and registered trademark on the approved goods. The trademark owner’s exercise of these rights does not involve the exclusive use of other people’s trademarks. However, once the use of an unregistered trademark causes confusion with someone else's registered trademark, it will easily constitute trademark infringement, and you should bear corresponding legal liability.

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