1. How to understand the regional nature of trademark rights
1. Regional nature , which means that the protection of trademark exclusive rights is limited by geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and non-registered countries have no obligation to protect it. 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.
2. Trademark rights are strictly territorial. Trademark rights obtained in a single country can only be protected within that country, and other countries will not recognize them. right. At present, most countries around the world adopt the registration principle for trademark protection, that is, you must apply for trademark registration, and only after obtaining registration can you be protected by the laws of that country. In other words, the trademark owner can only enjoy trademark rights in the country where the trademark is registered, but not in other countries. If you need to obtain trademark protection in other countries, you must apply for trademark registration in that country in accordance with the laws of that country. Therefore, in our country, if the trademark is used for exporting goods, regardless of whether it is registered in the country, the trademark should be registered as early as possible in the country or region where the goods are sold. Otherwise, once the trademark is registered by others, the export goods of my country will be affected. It will not be able to occupy the international market stably in the long term.
2. Characteristics of trademark rights
(1) Exclusiveness. The exclusivity of trademark rights is also called 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) Temporality. The temporality of trademark rights is also called statutory temporality, which means that trademark rights are rights with a time limit and are protected by law only within the validity period. After the validity period, the trademark rights are terminated and are no longer protected by law.
(3) Regionality. The regional nature of a trademark refers to the trademark right generated in accordance with the trademark law of a country or region. It is only protected by law within the country or place of registration. It has no legal effect in other countries or regions and cannot be automatically protected by law. Protect.
During the actual operation, it is recommended to seek professional advice and ask the professional lawyers of the Legal Savior Network to handle the matter in order to protect your own and legitimate rights and interests to the maximum extent. Protect your interests from harm. If there is something you don’t understand. You can also search for relevant legal solutions.
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