1. What should you pay attention to when applying for trademark registration?
1. Mainly yourself Category application for protection
Enterprises must register trademarks for the category of their main business. For example, when selling clothing, they must register the clothing first.
2. The industry category of interest must be registered
For example, if you sell beverages, you need to Register the pesticide category at the same time; those who make food need to register the toilet category at the same time to avoid others having a negative impact on the brand they have been operating for many years.
3. Internet and advertising must be registered
In the era of the Internet and self-media, because of publicity and promotion To meet the needs, corporate products and services are increasingly provided to consumers with the help of Internet tools such as public accounts, website platforms, and mobile apps. Brand infringement cases and name squatting cases occur frequently. Common ones, such as category 35, mobile APP category 9 must be registered.
4. Register product categories affiliated with the industry
Trademark registration must not only be for the industry Categories need to be protected, and industries with ancillary products also need to be protected, such as employee clothing, lest one day, company employees uniformly print a logo on their clothing, and the trademark owner comes and asks to change clothes.
5. Register relevant similar trademarks for defensive use
If you pay attention, you will find it Many companies will imitate their own brands and make them look like they are copycats. In fact, this is a way for companies to protect their brands.
2. What are the differences between trademarks and business names?
1. The scope of exclusive rights between the two is different.
Once a service trademark is approved and registered, it enjoys exclusive rights throughout the country; corporate names only enjoy exclusive rights within the specified area.
2. The two have different constituent elements
The company name generally consists of the name of the administrative division, trade size, industry or business characteristics, and organizational form ;A trademark can only consist of a significant part that distinguishes it from the services provided by others.
3. The two expressions are different
Service trademarks are expressed in words, graphics and their combinations; corporate names can only be expressed in words.
4. Applicable Different laws
Legal basis: "Trademark Law"
There are laws regulating business names in various countries There is a big difference. Trademarks are regulated by the "Trademark Law" and the "Anti-Unfair Competition Law".
Trademarks can be transferred or licensed to others, and the company name It may not be transferred separately, nor allowed to be used by others.
5. The functions of the two are different
Service marks only distinguish the origin of different services, while business names can identify the operations of different enterprises, including services and goods; a company can have multiple trademarks for services or goods, but generally only one business name.
6. The legal procedures applicable to the two are different
As long as the service mark does not violate the prohibited provisions of the Trademark Law, It does not infringe the exclusive rights of others' trademarks and can be used without registration, but there is no exclusive right; the company name must be approved and registered by the competent authority designated by the state before it can be used.
It generally takes one year to register a trademark. According to relevant laws and regulations, the trademark owner who applies for trademark registration shouldWhen the corresponding application materials are submitted, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If the relevant provisions of this Law are met, a preliminary review and announcement shall be made. For a trademark that has been initially approved and announced, if there is no objection at the expiration of the announcement period within three months from the date of announcement, the trademark will be approved for registration, a trademark registration certificate will be issued, and the trademark will be announced.
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