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Definition of Trademark Registration

Definition of Trademark Registration

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Why Register A Trademark
To put it simply, a trademark is a brand of goods, and is a mark used by producers and operators of goods to distinguish the goods they produce or operate from those produced or operated by other producers or operators. Such marks are usually composed of a combination of words, graphics, and numbers.
Trademarks protect trademark registrants by ensuring that trademark registrants have exclusive rights to identify goods or services, or to license others for remuneration.

Trademark Registration refers to the legal fact that a trademark user submits a registration application to the State Trademark Office (the Trademark Office of the State Administration for Industry and Commerce) in accordance with the conditions and procedures stipulated by law, and is subject to legal review by the national trademark authority . In China, trademark registration is a prerequisite for trademark protection, and is the legal basis for determining trademark exclusive rights. Once a trademark user is approved to register a trademark, it marks that it has obtained the exclusive right to use the trademark and is protected by law.
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The trademark used by a company is not registered. The most fatal weakness is that the trademark owner does not have the exclusive right to use the trademark. That is to say, the use of this trademark, others can also use this trademark, which makes the basic role of the trademark to indicate the source of the goods has been affected, and the role of the trademark on behalf of certain product quality and reputation has been greatly reduced. For example, the "Blue Sky" brand rice cooker produced by Company A, which is cheap and popular, is very popular among consumers, but the "Blue Sky" trademark is not registered, so other manufacturers feel that the pot is both good and can be sold. At a good price, they have sold the 'Blue Sky" trademark on their own rice cookers. As a result, the market of fish has been mixed, and the market sales of A enterprises have rapidly declined. The reputation of the "Blue Sky" trademark has plummeted. Many consumers have adopted the "Blue Sky" brand rice cooker produced by other enterprises to require A company to return or compensate the economy. loss. Although this situation is beyond the expectations of A company, it should be expected. Company A requests the trademark authority to stop other companies from using the "Blue Sky" trademark, but because the trademark is not a registered trademark, Company A does not enjoy the exclusive right to use the trademark, and the request of the trademark authority for the A enterprise cannot be accepted.
Another weakness of unregistered trademarks is that once someone else pre-registers the trademark, the first user of the trademark can no longer use the trademark. The lesson is very profound. According to China's Trademark Law, the original acquisition of the exclusive right to use the trademark is only obtained through the registration of the trademark, and the application for trademark registration, the application of the principle of prior application, that is, for an unregistered trademark, who applies for registration first, the exclusive right of the trademark Who is awarded. Therefore, no matter how long a company uses a trademark, if it does not register the trademark, the trademark exclusive right will be granted to others as long as the person applies for the trademark registration.
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A further weakness of unregistered trademarks is that unregistered trademarks may be identical or similar to registered trademarks used on the same or similar goods, thereby infringing. By the end of 1999, the total number of registered trademarks in China had reached nearly one million. When applying for a new trademark registration, the rejection rate of the application is almost 70% without prior inquiry. That is to say, with an unregistered trademark, the probability of the trademark being the same or similar to that of a registered trademark on the same or similar goods is 70%. In other words, the use of unregistered trademarks has the potential for 70% infringement. Because Article 38 of the Chinese Trademark Law stipulates that "the use of a trademark that is the same or similar to its registered trademark on the same or similar commodity without the permission of the registered trademark is an infringement of the exclusive right to use the registered trademark" . For the infringement, the infringer shall bear the legal consequences of the infringement. Therefore, the use of unregistered trademarks, regardless of the intention, always has the possibility of infringing the exclusive right of others to register trademarks. Infringement is subject to punishment, and it is necessary to compensate for economic losses, which will affect the production and operation activities of the enterprise. For the normal operation of the enterprise, for the development of the enterprise, and for the respect of the exclusive right to register trademarks of others, enterprises that use unregistered trademarks shall apply for trademark registration.
There is also a weakness in unregistered trademarks, that is, unregistered trademarks cannot form industrial property rights and therefore cannot be used as intangible assets of users. As the Chinese Trademark Law stipulates that the exclusive right to use a registered trademark is protected by law, the unregistered trademark is not protected by law, and its users do not enjoy the exclusive right to use the trademark. Therefore, in a strict sense, only registered trademarks in China are industrial property rights, and only registered trademarks can become intangible assets of enterprises.
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Registration other Benefits:
1. It is convenient for consumers to recognize brand shopping.
2. The trademark registrant has the exclusive right to use the trademark and is protected by law.
3. Through trademark registration, you can create a brand and preempt the market.
4. A trademark is an intangible asset that can be valued.
5. Trademarks can be transferred to others for use, or pledge to convert their value.
6, the trademark is still necessary for Quality Inspection, health inspection, barcode, etc.
7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.

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