Proprietary knowledge
Simply put, trademarks are trade brands, commodity producers and operators to make their production or management of goods with other goods producers or operators in the production or management distinguishes the goods and the use of a mark. This mark usually consists of text, graphics, or a combination of text, graphics. We are more familiar with "maotai" trademark, is the word mark; Mercedes-Benz Mercedes-Benz brand (a triangular-shaped coat ring) is the trademark; Phoenix bicycle factory "Phoenix" logo, text by "Phoenix" and Phoenix graphic combination, which is a combination of text and graphics trademark. Registered trademark refers to the trademark use trademarks in accordance with the law of its use conditions and procedures, to the national Office (SAIC trademark Bureau) to submit applications for registration, Office by the State according to law reviews, legal fact of registration registration. In China, the trademark registration is a prerequisite for trademark protection of the law is to determine the legal basis of the right to exclusive use of trademarks. Trademark usage once allowed to trademark registration, marked it won exclusive rights to the trademark, and protection under the law. An enterprise uses the trademark is not registered, the most fatal weakness is a trademark used on the trademark does not enjoy the right to exclusive use of trademarks. Anytime you want to use the trademark, they can use this logo, the primary function of this trademarks identify the source of goods has been affected, leading to represent product quality and reputation of the trademark role greatly diminished. For example, a production of "blue sky" brand rice cooker, the pot of good, cheap, very popular with consumers. "Blue sky" trademark is not registered, and other manufacturers think the Pan is ready and can sell a good price, they have their own production on the rice cooker on the "blue sky" trademark for sale. The result, fish in a company's sales to decline rapidly, "blue sky" brand reputation is plummeting, and many consumers holding other production of "blue sky" brand rice cooker requires a return or compensation for the economic losses of enterprises. This is out of a business expectation, but to be expected. A business deter other businesses from using the Office requested "blue sky" brand, but because of the trade mark not being a registered trade mark, a business does not enjoy the right to exclusive use of trademarks, trademark enterprise a request cannot be accepted by the competent authority. Another weakness of the unregistered trademark is, once the trademark is to be the first to register, pioneered the use of the trademark to those who can no longer use the mark, the lesson here is very impressive. According to China's trademark law, trademark original is only obtained by trademark registration, applications for trademark registration, and applying the principle of earlier, that is, for an unregistered trademark, who first applied for registration, who is given the exclusive right of the trademark. Therefore, no matter how long a company using a trademark, if the trademark is not registered, then, so long as someone else will register the mark, trademark rights are granted to others. Unregistered trademarks of a weakness, are unregistered trademarks may be used in the same or similar to the registered trademark on goods of the same or similar, violations to occur. By the end of 1999, the total number of registered trademarks in China has nearly million. At the time of the new application for trademark registration, without prior inquiry, reject rate is almost 70% of the application. In other words, use the unregistered trademark, the trademark and the use in the same or similar goods of the registered trademark identical or similar to the probability of 70%. In other words, the use of unregistered trademarks, have the possibility of 70% tort. As the 38th article of China's trade mark law, "permission to all unregistered trademarks, used in the same or similar goods registered trademark identical or similar trademarks, commits an infringement of the registered trade mark infringement of the exclusive right". Violations by the infringer to assume tort legal consequences. Therefore, the use of unregistered trademarks, no matter how you intended, there is always the possibility of violations of the right to exclusive use of registered trademarks of others. Infringement would be punished, compensation for the economic losses, would affect an enterprise's production and management activities. For the normal operation of the enterprise, for the development of enterprises, and also in the interest of respecting others rights to exclusive use of registered trademarks, enterprises should apply for trademark registration of the trademark is not registered. Unregistered trademarks are a weakness, are unregistered trade marks cannot form the industrial property rights and, therefore, cannot become occupiers of intangible assets. Because of the provisions of the trademark law, legal protection of the right to exclusive use of registered trademarks, unregistered trademarks are not protected by law, its people do not enjoy the right to exclusive use of trademarks. So, strictly speaking, only the registered trademark is industrial property in our country, only a registered trademark can become intangible assets of enterprises.