1. Is trademark registration divided into regions? Are there any geographical restrictions?
There are geographical restrictions.
Trademark use is subject to geographical restrictions. The exclusive right to register a trademark only enjoys legal protection in the country where the trademark is registered. Non-registered countries have no obligation to protect. Those registered in our country In order to obtain exclusive trademark rights and legal protection in other countries, a trademark 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.
Legal basis: The Trademark Law of the People's Republic of China has corresponding provisions: Article 16 A trademark contains a geographical indication of a product, and the product does not originate from the place indicated by the mark. Areas that mislead the public will not be registered and are prohibited from use; however, registration that has been obtained in good faith will continue to be valid.
The geographical indications referred to in the preceding paragraph refer to an indication that a certain product originates from a certain region. The specific quality, reputation or other characteristics of the product are mainly determined by the region A sign determined by natural factors or human factors.
2. Laws and regulations related to trademark registration
Article 18 of the "Trademark Law of the People's Republic of China" When applying for trademark registration or handling other trademark matters, you can handle it yourself or entrust a trademark agency established in accordance with the law to handle it. When applying for trademark registration and handling other trademark matters, you should entrust a trademark agency established in accordance with the law to handle it.
Trademark agencies shall follow the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; The principal shall have the obligation to keep confidential any business secrets that the principal learns during the process.
Article 19 of the "Trademark Law of the People's Republic of China" If the trademark applied for registration by the client may be prohibited from registration under this law, the trademark agency shall clearly inform the client. The trademark agency knows or should Know the trademark applied for registration by the client.
3. Exclusivity of trademark rights
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 giving the owner of the registered trademark the exclusive right to use is to establish a specific trademark and a specific trademark through registration. A fixed connection between the goods, thereby ensuring that consumers can avoid confusion and receive accurate information about the source of the goods. In other words, all unauthorized uses in commerce will constitute an infringement of the exclusive right of the trademark. This exclusive use The rights are manifested 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 one else is allowed to interfere with goods, product packaging or services or service facilities;
2. The trademark registrant has the right to prohibit any other person from using the goods without his permission. Use a trademark that is the same or similar to its registered trademark on the same or similar goods;
3. The trademark registrant has the right to license others to use his or her registered trademark, and also You can transfer your registered trademark to others. This kind of license or transfer must comply with legal regulations and perform certain legal procedures.
Trademarks have legal protection after registration. Trademark registration is not unlimited and will be subject to geographical restrictions. A trademark registered in any country will receive legal protection from that country. Trademark rights are exclusive and you can use the right to use the trademark independently. I hope the above content can be helpful to you. It is helpful. If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.