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Trademark Registration
Editor:admin  Date:2014-08-18  Browse:8360 Text Size Print

Trademark registration is a trademark people acquire the exclusive right to use the trademark of the premise and condition, and only approved registered trademark, was protected by law. Trademark registration is a fundamental criterion to determine the exclusive right to a trademark, registered choose a different principle, is the result of national legislators in a question of legal certainty and fairness of the legal relationship between the two will be tradeoffs. 
Simply put, a trademark is a brand of goods, is a markup commodity producers and operators to make their own production or commodity production or business operation with other commodity producers or operators of merchandise to distinguish and use. This usually consists of a combination marking text, graphics, English, numbers. 
Trademarks trademark holders by ensuring exclusive right to identify goods or services, or permit others to use to get the reward, leaving the trademark holders are protected. 
"Maotai" trademark is a word mark; trademark Mercedes Benz (a triangle coat ring) is a graphic mark; "Phoenix" brand bicycle factory in Phoenix, "by the words" a combination of the Phoenix "and the Phoenix bird graphics from that is a combination of text and graphics trademark. 
Trademark registration refers to the use of trademarks will mark its use in accordance with the conditions and procedures prescribed by law, to the State Trademark Administration (State Administration for Industry and Trademark Office) application for registration by the National Office to review the law, the law granted registered facts. In China, the trademark registration is a trademark protected by law premise is to determine the legal basis for the exclusive right to the trademark. Once granted trademark registration of trademarks person, it marks it won the quotient 

The subject of exclusive rights, and protected by law. 
Business use of a trademark without registration, the most fatal weakness is the trademark of people do not enjoy the exclusive right to use the trademark trademark. That the use of the trademark, others can also use this trademark, which makes the mark indicating the source of the fundamental role of commodities affected, but also led to the role of a trademark on behalf of certain goods quality and credibility of the greatly reduced. For example, A production of "blue sky" brand rice cooker, this pot inexpensive, very popular with consumers, but the "blue sky" trademark is not registered, so some other manufacturers feel that this pot is good marketing can sell both good price, they have produced in their own rice cooker marked "blue sky" trademark to sell. As a result, fish, A rapid decline in sales in the enterprise market, the credibility of the "Blue Sky" is a trademark plummeted, many more consumers take other production of "blue sky" brand rice cooker requires A business returned or compensation for economic losses. A business case, although contrary to expectations, but to be expected. A company requesting the Office to stop other companies using the "blue sky" trademark, but the trademark is not a registered trademark, A company is not entitled to a request for A corporate trademark rights, trademark authorities can not be accepted. 
Unregistered trademarks Another weakness is that once people first to register the trademark, the trademark of the first to use the people that they can not re-use the mark, the lesson of this is very profound. Made based on the original Chinese "Trademark Law", trademark rights acquired only through trademark registration, trademark registration and application, and the use of the earlier principles apply, namely in terms of an unregistered trademark, the first to apply for registration of the trade mark the exclusive right granted to anyone. Therefore, no matter how long a business to use a trademark, if it is not the registered trademark, then, as long as someone else the application for trademark registration, trademark rights will be granted to others. 

No longer a registered trademark of weakness is not possible with the use of a registered trademark in the same or similar goods has registered the trademark on the same or similar, which occurred violations. By the end of 1999, the total number of China's nearly one million registered trademark. When a new application for trademark registration, if without prior inquiry, dismissed the application rate of almost 70%. That is to say, the use of an unregistered trademark, the trademark and use the same or similar trademark goods on the same or similar to the probability of 70%. In other words, the use of unregistered trademarks, there is the possibility of 70% infringement. Because China's "Trademark Law" Article 38 provides that "all licenses unregistered trademarks used on the same or similar goods with their trademark identical or similar to a registered trademark, registered trademark infringement is an infringement of the exclusive right." . Infringement, must bear the legal consequences of infringement by the infringer. Therefore, the use of an unregistered trademark, no matter how intent is always the possibility of infringement of registered trademark rights of others exist. Infringement should be punished, it is necessary compensation for economic losses, would affect the company's production and business activities. For proper operation of enterprises, in order to develop business, but also to respect others registered trademark reasons, the use of unregistered trademarks of enterprise should apply for trademark registration. 
There is an unregistered trademark of weakness is not a registered trademark of industrial property can not be formed, and therefore can not be the user of intangible assets. Because of China's "Trademark Law" stipulates that only a registered trademark protected by law, unregistered trademarks protected by law, and its people do not enjoy the exclusive right to use the trademark. So, strictly speaking, only in China is a registered trademark of industrial property rights, only to become a registered trademark of intangible assets. 
Other benefits 
An easy consumer identification card shopping. 
2, trademark holders have the exclusive right to the trademark, protected by law. 
3, through trademark registration, you can create brand, the first to occupy the market. 
4, a trademark is an intangible asset, its value can be assessed. 
5, a trademark can be transferred, licensed to others to use, or pledge to convert realize its value. 
6, trademarks or apply for inspection, sanitation inspection, barcode and other prerequisites. 
7, the local Industry and Commerce Bureau of the mark through the management levels to monitor the quality of goods and services. 
Function 

The role of a trademark: the market permits 
Trademarks are the essence of corporate brand culture, and the establishment of corporate brand image is the core enterprise fought. 
Application for registration of the trademark in the relevant country or regional trade presence in the country and the region to the large stores, supermarkets. 
Design in the form of trademark 
Design in the form of trademark 
Companies generally printed in printing labels, packaging or advertising in various media do need to brand trademark registration issued by the relevant documentation. In international trade, it is extremely important trademark, trade inseparable trademark internationally. 
Administrative management sector, through the management of trademarks to monitor quality of goods and services, creating the necessary conditions for the handling quality inspection, health inspection, barcode. 
Trademarks effect two: the battle to the flag 
Banners symbolizing the indomitable spirit strikes spiritual power. Banners are a force on behalf of the soul, taking a position after the plug in their own flag, representatives have been occupied, it is glory. This is the company's trademark symbol of the spirit, but also the corporate goods, services the most direct representation in the field of occupation. 
Trademarks effect three: the highlight of assets 
Assess the value of a trademark can increase the total assets of enterprises, and the higher the value of the brand more able to reflect the influence of the trademark and business operation, indirectly reflects the trademarks of consumer goods marked degree of acceptance. 
Trademark as an intangible asset, but also through transfer, license to others to use, or pledge to convert realize its value. 
Trademarks effect four: the eyes of consumers identification code 
Product acceptance in the marketplace of social inspection and supervision, to participate in the competition, the market competition is a variety of performance indicators merchandise variety, quality, price, and this information is passed on to consumers through the trademark of this bridge. The use of trademarks to advertise their products, services, concise, eye-catching highlights, easy to remember, to consumers impressed to attract induce its "expeditiously buy" the desire to achieve a brand name, expand sales results. 
Trademarks effect five: corporate reputation of the carrier 
Trademarks are the difference between goods and services is not only a sign of origin, but also the credibility of the enterprise, a symbol of the strength of competition, the specific expression is a trademark merchandise marked reputation for consumers satisfaction. Trademarks marked condensation of goods, services, and commodity operators, service providers reputation, trademarks are goods, services, business credibility and reputation associated with the best mark. Trademarks reputation in the market competition is essential, a trademark of credibility, to improve the competitiveness of goods, merchandise sales open plays a very important role. 
Trademarks effect six: Medal of staff 
Give employees a good trademark brand brings honor, achievement, responsibility, sense of belonging, a sense of mission, a sense of growth. Feelings of consumers decide goods, brands are social cognition, the degree of acceptance, employees feel determines the shape of the trademark brand business enterprise employees to bring cohesion and sense of honor. That is, in the final analysis is a brand relationship, brand loyalty and trust relationship is a special type of relationship. 
Trademarks effect seven: corporate finance transit station 
Trademark pledge loan business is corporate trademark ownership of collateral, confirmation by a third-party assessment of the value of corporate trademark, banks adopt flexible credit, pledge model for the financing needs of companies issuing corporate trademark value of a certain percentage of the loan. 
Trademarks effect eight: Brand shield dispute 
Trademark is like a war shield, who mastered the trademark owner the exclusive right to the trademark Who is this "shield" the owner, registered trademarks, exclusive right, not only can protect their trademark rights are not infringed, when necessary, can bounce damage to the invasion of the "enemy." 
Trademark holders have the exclusive right to the trademark, protected by law, others dare not counterfeit, or else you can tell its infringement, to obtain financial compensation. On the contrary, if they are people first to register, then painstakingly orchestrated inevitably lose their market, they may become infringing defendant himself.

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