Trademark is an invisible and tangible asset of an enterprise. Trademark is not only a sign to distinguish the source of goods or service, but also the support of enterprise construction and brand development. Nowadays, more and more enterprises and individuals are aware of the importance of trademarks, and they have all made efforts to protect intellectual property rights. In the process of the implementation of trademark registration, some individuals and enterprises lack the relevant legal knowledge and knowledge of trademark knowledge. Prone to misunderstanding. Then, how should we avoid misunderstanding and do a good job in trademark registration?
Four Misunderstandings of trademark registration
First, use first and then register
At present, many of our enterprises are accustomed to the registration fee and not registered trademarks at the beginning of their establishment. Want to replace its brand name to generic products, when the products are well-known and certain effect in the market after the registration of a trademark, but the result is that when you want a registered trademark when the trademark has been registered by others, or be registered after the success of the brand name cannot be used. More enterprises with other well-known brand trademark registration, the result was sued to eat shangguan.
In our country, the trademark is "the principle of first registration after use", which explicitly states that the trademark is not registered and is not protected by law, that is, only the right of exclusive use of the trademark is not registered. In order to avoid trademark complaint or trademark was registered by the risk, enterprises or individuals should be registered in the registered trademark, it is not only responsible for their own brand, but also to the development of enterprises to do a long-term good bedding.
Two, trademark registration only consider the use of
Enterprises or individuals in the choice of trademark registration, trademark registration if taking into account the direct representation of the quality of goods, the main raw materials, function, use, weight and the characteristics of text or graphics may be used as trademarks without. This is also due to the ignorance of trademark knowledge. Before the trademark registration, it is possible to find professional consultants for intellectual property rights to conduct free inquiry. Increase the success rate of trademark registration.
Trademark law stipulates that a trademark may be a word, a graphic, or a combination thereof, but not any text or graphics can be used as a trademark. Then, enterprises and individuals in the registered trademarks should be related to their trademark inquiries and investigation.
Three, registered trademarks, any product can be used.
The registered trademark is not the right of exclusive use of all registered trademarks. It is limited to the registered trademark and the goods approved for use. The exclusive and exclusive right of a trademark is limited in scope. It can only enjoy the right of exclusive use within the scope of the commodity approved by the trademark.
If the trademark holder is free to use the trademark when it is out of scope, he may undertake the corresponding legal liability for posing a registered trademark.
Four, the brand name unchanged, patterns or figures can be changed
In the process of using trademarks, some enterprises or individuals use the words, graphics or combinations approved by the trademark registration certificate. Or change the prototype of the trademark, make another combination and modify it. These methods are within the scope of the trademark law.
Failure to comply with the trademark law and changing the trademark without authorization is harmful to the owner of the trademark. This will not only weaken or even lose the protection of trademark, but also make the registered trademark meaningless. The brand value of the enterprise can not be realized in the long term development.
After the successful registration of the trademark, how do we manage the trademark?
The importance of a trademark to an enterprise is known to all. The process of trademark registration is long and tortuous. After waiting and expecting, trademark management should be paid attention to by every trademark owner.
1. First of all, you can set up a special functional department.
The function department is solely responsible for trademark management and decision making. But this is not very realistic for most enterprises, when professional intellectual property agencies will become a better choice. For example, in the Trademark Office for the legitimate agencies, you can save manpower and resources, while providing you with professional and effective trademark monitoring, timely processing of various trademarks difficult.
2, the establishment of enterprise trademark system is conducive to promoting the overall development of enterprise trademark work.