Does a trademark have marking rights?

Nowadays, merchants in our country are paying more and more attention to trademarks, there are more and more rights protection cases, and the number of commercial marks is also increasing. So are commercial mark rights and trademark rights the same? What's the law on this? Next, the editor of Legal Savior Network has compiled some relevant knowledge about whether trademarks have marking rights and other related knowledge. Welcome everyone to read!

Does the trademark have marking rights

Trademarks have the right to mark. For a trademark that has been approved for registration, the words "registered trademark" should be printed on the trademark, which is called a registered mark. Unregistered trademarks are not allowed to use registered marks. What you should pay attention to when exporting product trademarks is that trademarks that are not registered in the country cannot be marked with (R). Otherwise, when the exported goods arrive in the country, they will become counterfeit registered trademarks.

"TM" is the abbreviation of "trademark" in English, and "?" is the abbreviation of "register" in English. "TM" and "?" both serve as reminders. They usually appear in the upper right corner or lower right corner of some signs. "TM" indicates that the mark is used as a trademark, while "?" indicates that the mark has been registered. Trademark, enjoy exclusive rights to trademark.

Some people pointed out that "TM" means that the trademark has been applied to the National Trademark Office, and the National Trademark Office has also issued a "Trademark Registration Acceptance Notice" ", that is, the "Notice of Acceptance of Trademark Registration" is the prerequisite for using the "TM" logo. In fact, it is not the case: Chinese law has clear regulations on the use of "?", but there are no regulations on the use and management of TM. As long as the operator wants to inform others that a certain mark is used as a trademark, it does not matter whether the mark applies for trademark registration. , you can use "TM".

Trademarks are mainly distinctive signs of goods or services. The use of trademarks is the fundamental way to play the role of trademarks. Therefore, using trademarks in various ways is the ultimate goal of tapping potential product markets, attracting consumers, and realizing product value.

my country’s Trademark Law has made some provisions on the use of trademarks.

Article 4 of the "Trademark Law" stipulates: "Natural persons, legal persons or other organizations that need to obtain exclusive rights to trademarks for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office Product trademark registration. ”

Article 3 of the "Regulations for the Implementation of the Trademark Law" stipulates: "The use of trademarks as mentioned in the Trademark Law and these Regulations includes the use of trademarks for goods, product packaging or on containers and commodity transaction documents, or use the trademark in advertising, exhibitions and other commercial activities. ”

Among them, the new Trademark Law and its regulations expand the original law’s provisions on the use of trademarks that have not been used for three years to the use of all trademarks.

Therefore, China's trademark law covers a wide range of issues regarding the use of trademarks, including the use of trademarks in a material sense that closely combines them with goods, as well as the transformation of products into goods. The use of conscious thinking in the process of bringing goods to the market.

Commercial marks include trademarks, trade names (trade names, manufacturer names), geographical indications, domain names, and origin marks , unique logos (name, packaging, decoration) of well-known commodities, commercial advertising phrases, corporate logos, etc. Commercial mark rights are a collective term for various legal rights and interests owned by owners based on commercial marks, and are an important component of intellectual property intangible property rights. Part 1. Protecting commercial marks well may, in a sense, be more important than protecting tangible assets. To protect commercial marks well, we must achieve comprehensive protection, that is, in addition to trademarks, we must also pay attention to the protection of other commercial marks.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.