Trademark is a mark used to distinguish the brand or service of an operator from the goods or services of other operators. It is an intangible asset of an enterprise. It plays an important supporting role in the development and brand construction of an enterprise. However, because many enterprises do not know enough about relevant laws, it will lead to many misunderstandings in the use of trademarks.

Therefore, let's talk about some misunderstandings about trademarks today, so as to help us understand trademarks more clearly.

1、Both TM and R trademarks can be used freely

In our daily life, we will see that some trademarks are marked with TM, while others are marked with R. The two are not the same and cannot be used casually. Next, let's talk about the difference between them.

The degree of legal protection of the two is different. TM is a registered trademark, which can be used but is not protected by law; R indicates that the trademark has been successfully registered and is strictly protected by law.

The two have different meanings. TM means "commercial mark" and R means "registered trademark".

The use time of the two is different. If the trademark is not registered successfully, use TM to mark; When the trademark is registered successfully, it is marked with R.

There are no regulations on the management of TM, but the operator needs to inform others that the logo has been used as a trademark, so TM can be used whether the trademark is successfully registered or not; If the registered pattern is changed or the goods are not covered, the abuse of R trademark may encounter industrial and commercial penalties.

2、You cannot apply for a trademark that others have applied for

China's trademarks are divided into 45 categories. If someone has registered some categories of trademarks, others can't register the same trademarks of the same category; However, the same trademark of the category not covered by the registered trademark may be registered.

Of course, except for well-known trademarks.

3、I think my registered trademark can be applied to any product

"The exclusive right to use a registered trademark shall be limited to the trademark approved for registration and the goods approved for use." Not all goods or services can be protected by registering a trademark. Trademarks can only be used in registered categories, not in unregistered categories, and can not be used beyond the scope as registered trademarks. In doing so, the trademark is not only unprotected, but also infringed.

4、As long as an enterprise has a trademark, it does not need to consider the problem of trademark registration

According to the provisions of the trademark law, one class of products, one trademark and one application. Enterprises produce many types of products and can use the same trademark, but they should apply for multiple categories when going through the registration application procedures. Now some far sighted entrepreneurs will directly choose all kinds of registration when applying for trademarks, which is also a good way to protect trademarks.

5、Once you get the registered trademark, you will always belong to yourself

After obtaining the trademark certificate, it does not mean that it will always enjoy the exclusive right to use the trademark. Where a registered trademark is not used for three consecutive years without justified reasons, any entity or individual may apply to the Trademark Office for revocation of the registered trademark; The exclusive right to use the trademark will be lost if it is not renewed after 10 years, and the use of the trademark is not standardized.

After the trademark right is lost, it is no longer protected by law. Anyone can apply for the trademark registration.

6、Thought it could be used by anyone without going through any formalities

Where another person is permitted to use his registered trademark, the Licensor shall file with the Trademark Office and submit the filing materials within the term of validity of the license contract. The filing materials shall specify the Licensor, Licensee, license period, licensed goods or services, etc. of the registered trademark.

Article 43 of the trademark law stipulates that a trademark registrant may authorize others to use his registered trademark by signing a trademark licensing contract. The Licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The Licensee shall guarantee the quality of the goods using the registered trademark.

Where a person is permitted to use a registered trademark of another person, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark.

Where another person is permitted to use his registered trademark, the Licensor shall report his trademark use license to the Trademark Office for the record and the Trademark Office shall make an announcement. The trademark use license shall not be used against a bona fide third party without filing.

If the original trademark registrant does not have malicious losses to others, he cannot claim compensation. The invalidation of a registered trademark shall be deemed to have never existed in law. However, for the trademark transfer contract and trademark use license contract that have been performed; Judgments, rulings and conciliation statements in trademark infringement cases that have been executed by the people's court; The decisions made and implemented by the administrative department for Industry and Commerce on the handling of trademark infringement cases shall not have retroactive effect, unless the trademark registrant has malice and causes losses to others.

In terms of national law, registered trademarks can protect their own trademarks from infringement and use by others, and can maintain the reputation and image of goods.

In addition, registered trademarks can not only enhance consumers' sense of identity, but also enhance enterprises' belief in maintaining brand value, improve brand image and expand the market in the international market.

Because the trademark can be trusted by so many consumers, and in today's society, everyone's trademark awareness is becoming higher and higher. Therefore, it is particularly important to have an exclusive trademark. The correct use of trademarks can avoid the risk of trademark complaints or registration!

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