How are the use of corporate names and the limits of trademark rights stipulated
The use of corporate names cannot infringe the trademark rights of others .
Characteristics of trademark rights
1. Exclusivity. Also known as exclusivity or monopoly, it means that the trademark registrant has 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.
2. Timeliness. Refers to the validity period of the exclusive right of a trademark. Within the validity period, the exclusive right to use a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by law.
3. Regionality. It means that the protection of the exclusive right of a trademark is limited by the geographical scope. The exclusive right of a registered trademark only enjoys legal protection in the country where the trademark is registered, and non-registered countries have no obligation to protect. Trademarks registered in our country must be registered in other countries To obtain the exclusive right to use a trademark and receive legal protection, you must register it 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.
4. Property. Exclusively for trademarks The right is an intangible property right. The entirety of the exclusive right to trademark is an intellectual achievement, which 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 The huge economic value can only be reflected by the intellectual achievements contained in the carrier.
5. Category. Category. The Trademark Office of the State Administration for Industry and Commerce will conduct the review based on the category and product (service) item name approved in the "Application for Trademark Registration" submitted by the trademark registration applicant. and approval.
The right to disable a trademark is limited because the trademark The right is only a limited monopoly right. The monopoly right of a trademark is not absolute. It cannot be considered that the words registered as a trademark become the private property of the trademark owner. The right holder cannot rely on his exclusive right to prohibit others from registering the same words as the registered trademark. The trademark owner cannot prohibit others from properly using the trademark. Only when others improperly use or cling to the influence and business reputation of the prior trademark in the minds of consumers, thereby damaging or destroying the identification function of the trademark, the trademark owner can Prohibit others from using the trade name. In other words, it is necessary to prohibit the use of the trade name only when consumers are or may be confused between the business entities, goods or services to which the trade name and the trademark respectively point. If it is impossible for consumers to be confused, Under the existing legal framework, this use of font sizes is considered fair use and does not constitute trademark infringement.
I believe that after reading the above introduction, everyone has a certain legal understanding of how to solve the responsibilities that need to be paid attention to. If you still have legal questions in this regard, please consult a lawyer on the Legal Savior Network. They will give you professional answers.
No comments yet. Say something...