Are there any geographical restrictions on trademark use?

According to the provisions of the law, the use of a Trademark can generally only be used by the owner of the trademark right or with the authorization of the trademark owner. Using a trademark without permission may constitute a crime of trademark infringement. So are there any geographical restrictions on the use of trademarks? The editor of Legal Savior Network will answer the questions for readers below.

Are there any geographical restrictions on the use of trademarks

Trademark use is subject to geographical restrictions, and the exclusive right to register a trademark is limited to The country of registration enjoys legal protection, and the country of non-registration has no obligation to protect. If a trademark registered in my country wants to obtain exclusive trademark rights and receive legal protection in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member states of the agreement through international intellectual property treaties such as the Madrid Agreement.

What are the characteristics of trademark rights

(1) Exclusivity

Also known as exclusivity or monopoly, it refers to trademark The registrant enjoys the exclusive right to use its registered trademark. The basic purpose of granting the owner of a registered trademark the exclusive right to use is to establish a fixed connection between a specific trademark and specific goods through registration, thereby ensuring that consumers can avoid confusion and receive accurate information about the source of the goods. In other words, any unauthorized use in commerce will constitute an infringement of trademark exclusive rights. This exclusive right manifests itself in three aspects:

1. The trademark registrant has the right to use its registered trademark in its approved use in accordance with the relevant provisions of the Trademark Law No other person may interfere with the products, product packaging or services and service facilities;

2. The trademark registrant has the right to prohibit any other person from using the same or similar trademark on the same or similar goods without its permission;

3. The trademark registrant has the right to license others to use his or her registered trademark, and may also use his or her registered trademark To transfer a registered trademark to others, such permission or transfer must comply with legal provisions and perform certain legal procedures.

(2), timeliness

Refers to the validity period of the exclusive right of a trademark. Within the validity period, the exclusive right of a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by the law.

(3) Regionality

Regionality means that the protection of trademark exclusive rights is limited by geographical scope. Registered trademarks The exclusive right only enjoys legal protection in the country where the trademark is registered, and non-registration countries have no obligation to protect it. If a trademark registered in our country wants to obtain exclusive rights and legal protection in other countries, it must be registered in these countries respectively, or through the Madrid Agreement and other international knowledgeProperty rights treaties apply for territorial extension in the member states of the agreement.

(4) Property

The exclusive right to trademark is an intangible property right. The entirety of the exclusive right to trademark is an intellectual achievement that embodies the hard work and labor of the right holder. Intellectual achievements are different from tangible material wealth. Although they need to be expressed through a certain carrier, the carrier itself does not have much economic value. What can only embody huge economic value is the intellectual achievements contained in the carrier. For example, the "Coca-Cola" trademark, "Quanjude" trademark, etc., the carriers of their trademarks: Coke, roast duck, etc. are not expensive things, but the trademark itself has extremely high economic value. Through trademark value assessment, these trademarks can be regarded as intangible assets and become part of the enterprise's capital contribution.

(5) Category

Classification, the Trademark Office of the State Administration for Industry and Commerce shall apply for trademark registration according to The categories and names of goods (services) approved in the "Application for Trademark Registration" submitted by the person shall be reviewed and approved. The scope of protection of registered trademarks is limited to the approved categories and projects. Based on the "International Classification of Goods and Services for Trademark Registration" provided by the World Intellectual Property Organization, the "Classification Table of Similar Goods and Services" formulated by the State Trademark Office classifies goods and services. It is divided into 45 categories in total. In the same or similar categories and goods (services), only one trademark right holder is allowed to own the same or similar trademark. In different and similar categories, different right holders are allowed to own the same or similar trademark. trademark.

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