What is the subject matter of trademark rights?

What is trademark right? Everyone hears about trademark right in real life, but many people don’t know much about the object of trademark right. In order to answer your doubts, the editor of Legal Savior Network will sort out trademark right for you. Welcome to read the relevant legal knowledge about what the object is.

What is the subject matter of Trademark rights

The object of trademark rights is the trademark owned by the trademark owner. In my country, only the owner of a registered trademark can be the subject of trademark rights, and only a registered trademark can be the object of trademark rights. The user of an unregistered trademark does not enjoy trademark rights, and therefore cannot become the object of trademark rights. According to the relevant provisions of China’s Trademark Law, a trademark that is the subject of trademark rights must meet the following conditions:

(1) The components of a trademark must have distinctive features to facilitate distinction

(2) Shall not violate the prohibited provisions of the Trademark Law

1. The following signs may not be used as trademarks:

(1) Identical or similar to the country name, national flag, national emblem, military flag, medal of the People's Republic of China, as well as the name or landmark of a specific place where the central state agency is located The names and graphics of the buildings are the same;

(2) Same as foreign country name, The national flag, national emblem, and military flag are the same or similar, except with the consent of the government of the country;

(3) Identical or similar to the name, flag, or emblem of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

(4) Is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee, Except with authorization;

Same as (5) The names and symbols of "Red Cross" and "Red Crescent" are the same or similar;

(6) ethnically discriminatory;

(7) Exaggerated and deceptive propaganda;

(8) Harmful to socialist morals or other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used asas a trademark. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

2. The following signs shall not be registered as trademarks:

(1) Only the common name of this product, Graphics and models;

(2) direct expression The quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Lack of distinctive features.

The signs listed in the preceding paragraph obtain distinctive signs through use , and easy to identify, can be registered as a trademark.

(3) Not to be confused with other people’s trademarks

Confusion means that a trademark is identical or similar to another person’s trademark . If the trademark applied for registration is confused with someone else's registered trademark, registration will not be approved. Excessive use of a trademark that is identical or similar to another's registered trademark constitutes infringement.

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