You Must Know The Knowledge Of Trademark Registration.

Trademark registration refers to the legal fact that the trademark owner applies the trademark to the Trademark Office in accordance with the conditions, principles and procedures prescribed by the state for registration.

The trademark registered and registered by the trademark office is a registered trademark and enjoys the exclusive right to use the trademark.

To put it simply, a trademark is a brand of a commodity. It is a mark used by producers and operators of goods to distinguish between the goods they produce or run and those produced or operated by other producers or operators.

Such markings are usually made up of combinations of characters, figures, English and numbers.

The trademark protects the trademark registrant by ensuring that the registrant enjoys the right to use the goods or services, or to authorize others to use the exclusive right to get remuneration.

"Master"

"Trademark" is the word trademark; Mercedes Benz trademark (a triangular coat ring) is a graphic trademark; Phoenix Bicycle Factory "phoenix" trademark, by the combination of "phoenix" and "Phoenix bird" graphics, is a trademark combination of words and graphics.

Trademark registration refers to the fact that the trademark user applies the trademark to the State Trademark Office (the Trademark Office of the State Administration for Industry and Commerce) in accordance with the conditions and procedures prescribed by law.

In China, trademark registration is a prerequisite for trademark protection and a legal basis for determining the exclusive right to use a trademark.

Once the trademark user obtains the trademark registration, it marks that it obtains the exclusive right of the trademark and is protected by law.

A trademark used by an enterprise is not registered. The most fatal weakness is that the trademark user does not enjoy the exclusive right to use the trademark.

That is to say, the trademark can be used by others, which makes the trademark's basic function of the origin of the commodity affected, and also causes the effect of the trademark representative's quality and reputation.

For example, the "blue sky" brand electric rice cooker produced by A company is very cheap and very popular with consumers. However, the "blue sky" trademark is not registered, so some other manufacturers feel that this kind of pot sells well and sells good price.

As a result, the market sales of A enterprises have dropped rapidly, and the reputation of the "blue sky" trademark has fallen sharply. Many consumers are holding the "blue sky" brand electric rice cooker produced by other enterprises, requiring A enterprises to replace or compensate for economic losses.

Although this situation is beyond the expectations of A enterprises, it should be expected.

A enterprises request the trademark authorities to stop other enterprises from using the "blue sky" trademark. However, because the trademark is not a registered trademark, A enterprises do not enjoy the exclusive right to use the trademark, and the competent authorities of the trademark office can not accept the request of the A enterprise.

Another weakness of an unregistered trademark is that once the other person has registered the trademark first, the first user of the trademark can no longer use the trademark. The lesson in this respect is very profound.

According to China's trademark law, the original acquisition of exclusive right of trademark is only obtained through trademark registration, and the application for trademark registration applies the principle of prior application, that is, for an unregistered trademark, who applies for registration first, the exclusive right of the trademark will be granted to whoever.

Therefore, no matter how long a company uses a trademark, if it fails to register the trademark, the trademark exclusive right will be granted as long as someone else applies for registration.

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Another weakness of an unregistered trademark is that an unregistered trademark may be the same or similar as a registered trademark used on the same or similar commodity, thereby causing infringement.

By the end of 1999, the total number of registered trademarks in China was nearly one million.

In the case of new trademark registration, the rejection rate of the application is almost 70% without prior inquiry.

That is to say, the probability of using an unregistered trademark is the same as that of a registered trademark on the same or similar commodity, or 70%.

In other words, the possibility of infringement is 70% if an unregistered trademark is used.

Because the thirty-eighth provision of the Trademark Law of China stipulates that "without the permission of a registered trademark, the same or similar trademark is used on the same or similar commodity on the same or similar commodity, which is a violation of the exclusive right to a registered trademark".

Torts should bear the legal consequences of infringement.

Therefore, the use of unregistered trademarks, regardless of their original intention, always has the possibility of violating the exclusive right of registered trademarks.

If infringement is to be punished, it is necessary to compensate for economic losses, which will affect the production and operation activities of enterprises.

For the normal operation of enterprises, for the development of enterprises, and for the purpose of respecting the exclusive rights of other registered trademarks, enterprises that use unregistered trademarks should apply for trademark registration.

The unregistered trademark also has one weakness, that is, unregistered trademarks can not form industrial property rights, so they can not be used as intangible assets.

Due to the provisions of the Trademark Law of China, the exclusive rights of registered trademarks are protected by law, and the unregistered trademarks are not protected by law, and their users do not enjoy the exclusive right to use trademarks.

Therefore, in strict sense, only registered trademarks are industrial property rights in China. Only registered trademarks can become intangible assets of enterprises.

1, it is convenient for consumers to identify and shop.

2, the trademark registrant has the exclusive right to use the trademark and is protected by law.

3, through trademark registration, we can create a brand and take the lead in the market.

4, trademark is an intangible asset, and its value can be assessed.

5, trademarks can be pferred to other people for use, or pledge to convert to achieve their value.

6, trademark is also necessary for quality inspection, inspection, bar code and so on.

7, the local industry and Commerce bureaus at all levels supervise the quality of goods and services through the management of trademarks.

Trade mark 1: pass in the market

Trademark is the quintessence of enterprise brand culture, and the establishment of brand image is the core of enterprise's struggle.

In the relevant countries or regions, a registered trademark can enter the large stores and supermarkets in the country and region.

In general, printing and labeling of labels, packaging or advertising in various media are required to issue relevant trademark registration documents.

Trade marks are very important in international trade, and international trade is inseparable from trademarks.

For administrative departments, it is necessary to supervise the quality of goods and services through the management of trademarks, so as to create necessary conditions for quality inspection, inspection and barcode.

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Trademark role two: Banner in commercial war

The flag of war symbolizes the spirit of going forward and pushing forward.

The flag of war represents the soul of an army. After attacking a position, it is plugged with its own flag, which represents the occupation. It is glory.

Trademark is the symbol of the spirit of the enterprise, and it is also the most direct expression of the occupation of goods and services in the enterprise.

The role of trademark three: the highlights of assets

The evaluation value of trademarks can increase the total assets of enterprises, and the more valuable brands can reflect the influence of the trademark and the operation of the enterprises, which indirectly reflects consumers' acceptance of the commodities marked by the trademark.

As an intangible asset, trade mark can also be pferred to other people to use or pledge to convert to realize its value.

Trademark role four: identification code in the eyes of consumers

Commodities are subject to social inspection and supervision in the market and compete. This kind of market competition is the competition of commodity variety, quality and price, and these information is passed to consumers through the bridge of trademarks.

Using trademarks to publicize goods and services, it is concise, comprehensive, striking, and easy to remember, which impress consumers deeply, so as to attract the desire of "buying as quickly as possible", so as to achieve the effect of creating famous brand and expanding sales.

Trademark role five: carrier of corporate reputation

Trademark is not only a symbol of the source of goods and services, but also a symbol of the credibility and competitiveness of enterprises. The specific way of expressing corporate reputation is the satisfaction of consumers marked by trademarks.

The trademark conforms to the goods and services marked, and the reputation of the commodity operator and service provider. The trademark is the best indication of the reputation of the commodity and service and the related enterprise reputation.

Brand reputation is very important in the market competition. A reputable trademark plays a very important role in improving the competitiveness of commodities and opening the market of goods.

Trademark role six: employee

A good brand can bring honor, fulfillment, responsibility, sense of belonging, mission and growth to employees.

Consumers' feelings determine that the brand of goods and services is recognized and accepted by the society, and the feeling of employees determines the cohesion and sense of honor that the trademark brand created by the enterprise brings to its employees.

That is to say, brand is a relationship in the final analysis, brand relationship is a special type of loyalty and trust relationship.

Trademark role seven: enterprise financing pfer station

The trademark exclusive right mortgage loan business takes the trademark ownership of enterprises as the pledge, and confirms the value of the enterprise trademark through the third party appraisal. The bank adopts the flexible offset and pledge mode, and provides the enterprise with a certain proportion of the value of the trademark loan for the financing demand.

Trademark role eight: shield in brand disputes

A trademark is like a shield in war. Whoever masters the exclusive right of a trademark to own a trademark is the owner of this shield. The registered trademark enjoys exclusive rights. It can not only protect its trademark rights and interests from being infringed, but also rebound when it is necessary to injure the enemy.

The trademark registrant has the exclusive right to use the trademark, which is protected by law, and no one else dare to counterfeit. Otherwise, he can sue for infringement and get financial compensation.

On the contrary, if others are preempted to register, they will inevitably lose the market that they plan painstakingly.

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Before trademark registration, especially in the process of design and mutual pfer, we can also take precautions against trademark registration and infringement measures.

1. in selecting the three party platform, such as industry associations, the rapid electronic data registration and filing.

2. choose the third party support platform with strong technical background and trustworthiness. The platform is copyright protection platform, the certification time of digital works and multi latitude intelligent authentication.