Whether trademark rights belong to patents

Trademark rights and patents are both categories of intellectual property. If you have a trademark, it is best to register it with the Trademark Office to get better legal protection. Patents are also a kind of intellectual property. So, does trademark right belong to a patent? Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Whether the trademark right is a patent

Trademark rights are not patents.

Trademark right is the abbreviation of trademark exclusive right. Refers to the trademark authority granting the trademark owner the exclusive right to protect its registered trademark under national law in accordance with the law.

Patents are generally issued by government agencies or on behalf of several countries A document issued by a regional organization based on an application. This document records the content of an invention and creates a legal status within a certain period of time, that is, the patented invention and creation generally only has the right to be patented by others. It can be implemented only with the permission of the person. In my country, patents are divided into three types: invention, utility model and design.

Characteristics of trademark rights

1. Exclusivity

Also known as exclusivity or monopoly, it means that the trademark registrant enjoys exclusive monopoly on its registered trademark Rights of use. 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. This exclusive right manifests itself in three aspects:

(1) The trademark registrant has the right to use its registered trademark on the goods, product packaging or services and service facilities that it has approved for use in accordance with the relevant provisions of the Trademark Law, and no other person may interfere;

(2) The trademark registrant has the right to prohibit any other person without its permission Use a trademark that is identical or similar to its registered trademark on the same or similar goods without authorization;

(3) The trademark registrant has the right to license others to use his or her registered trademark, and may also transfer his or her registered trademark to others. Such license or transfer must comply with legal provisions and perform certain legal procedures. .

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

refers to the fact 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.

4. Property

The exclusive right to trademark is an intangible property right. The entire 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 economic value. What can only embody huge economic value is the intellectual achievements contained in the carrier.

5. Category

Classification, the Trademark Office of the State Administration for Industry and Commerce shall submit it according to the trademark registration applicant The categories and product (service) item names approved in the "Application for Trademark Registration" will be reviewed and approved. The scope of protection of registered trademarks is limited to the approved categories and projects. Based on the "International Classification of Goods and Services for Trademark Registration" provided by the World Intellectual Property Organization, the "Distinguishing Table of Similar Goods and Services" formulated by the State Trademark Office classifies goods and services. It is divided into 45 categories in total. In the same or similar categories and goods (services), only one trademark right holder is allowed to own the same or similar trademark. In different and similar categories, different right holders are allowed to own the same or similar trademark. trademark.

The above is what the editor has compiled for you. Trademark rights belong to intellectual property rights. The creation of trademarks is the result of the intellectual labor of the trademark owner. Moreover, the acquisition of trademark rights is basically the same as the acquisition of intellectual property rights, and the characteristics It is also very similar. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.