Trademark registration standards are the basic principles for clarifying trademark and patent rights. The choice of different registration standards is the result of measuring the predictability of laws and regulations and the fairness and equitable relationship between laws and regulations in the difficult problem of due process in countries around the world.

basic definition.

Trademark registration refers to the use of trademarks by any person in order to better obtain trademark patent rights. According to the registration standards, standards and procedures stipulated by the state, a clear application for registration is submitted to the Trademark Office. . Trademarks approved by the Trademark Office are registered trademarks and have trademark patent rights.

Why register

In short, a trademark is the brand of a commodity, and it is a kind of commodity used by commodity operators and operators in order to better distinguish the commodities they produce or manage from those produced or run by other commodity operators or operators. logo. This kind of logo usually consists of text, graphic English, data and so on.

Trademark registrants are protected by guarantees that they have the right to label goods or services, or to approve others' applications for remuneration.

Trademark registration means that a trademark user clearly submits an application for registration to the Chinese trademark authority (the Trademark Office of the State Administration for Industry and Commerce of China) in accordance with the standards and procedures of laws and regulations. Civil legal facts. In China, trademark registration is a prerequisite for trademarks to be protected by laws and regulations, as well as laws and regulations for trademark patent rights. Once a trademark user approves the trademark registration, it means that they have obtained the patent right of the trademark and are protected by laws and regulations.

The trademark used by the enterprise is not registered, and the fatal disadvantage is that the trademark user has no trademark patent right for the trademark. Even if the trademark is used, others can use the trademark, which damages the basic function of the trademark to indicate the source of the commodity, and also causes the trademark to have a great impact on the quality and reputation of a certain commodity.

Another disadvantage of unregistered trademarks is that once someone else has registered the trademark in advance, the initial user of the trademark can no longer use the trademark, and the lessons learned in these areas are very profound. According to my country's "Trademark Law", the original acquisition of trademark and patent rights can only be obtained according to trademark registration, applying for trademark registration and selecting the application processing priority standard. That is to say, for an unregistered trademark, whoever applies for registration first will be granted the patent right of the trademark. Therefore, no matter how long a company uses a trademark, if it does not register the trademark, as long as someone else applies to register the trademark, the trademark patent rights are granted to others.

According to the provisions of Article 38 of the Trademark Law, the use of the same or similar trademark as the registered trademark on the same or similar goods without the full approval of the registered trademark is the infringement liability for infringing the patent right of the registered trademark[1] . Responsibility for infringing rights must be borne by the infringer for the adverse effects of the laws and regulations that violate the rights. Therefore, the use of unregistered trademarks, regardless of the original intention, may always infringe the registered trademark patent rights of others. Infringement of rights requires punishment, compensation for property damage, and harm to the company's production and operation themed activities. In order to make the company's normal operation better, to make the company's development trend better, and to better respect others' registered trademark patents, companies that use unregistered trademarks should apply for trademark registration. Trademark renewal

Another disadvantage of unregistered trademarks is that unregistered trademarks cannot be inherited and cannot be amortized as intangible assets of users. Since China's "Trademark Law" requires that registered trademark patent rights be protected by laws and regulations, unregistered trademarks are not protected by laws and regulations, and its users do not have trademark patent rights. Therefore, in a strictly realistic sense, only registered trademarks in China can be inherited, and only registered trademarks can become amortization of the company's intangible assets.

other benefits.

It is beneficial for customers to identify brand shopping.

2. The trademark registrant owns the trademark patent and is protected by laws and regulations.

3. According to the trademark registration, you can create a brand and seize the market in advance.

A trademark is an intangible asset that can be amortized and its value in use can be assessed.

5. The trademark can be approved to others according to the transfer, or the use value of the pledge loan can be changed.

6. Necessary conditions such as trademark or application for quality inspection, hygiene inspection, bar code, etc.

7. The regional administrations for industry and commerce supervise the quality of goods and services according to the trademark management method.

functional effect.

Trademark Effect 1: A pass for the sales market.

Trademark is the essence of corporate brand culture and art, and creating corporate image is the key to corporate struggle.

Only goods that have applied for registered trademarks in China or regions can be settled in large and medium-sized stores and shopping malls in the country and region.

Enterprises generally print logos, packaging or advertising in various news media in the printing factory, and must present the trademark registration certification materials of the well-known brands. Trademarks are extremely important in import and export trade, and international trade is inseparable from trademarks.

For administrative units, the level of goods and services is regulated according to the trademark management method, creating the necessary conditions for applying for quality inspection, sanitation inspection and barcoding.

Trademark Effect 2: Flags in Business Competition.

The live broadcast of the banner represents the spirit of indomitable spirit and the driving force of the spirit of taking the lead. The live broadcast of the flag means that it is all the soul of the army. After occupying a camp, planting your own flag means that it has been occupied long ago, and that is honor. The brand is the representative of the spiritual essence of the enterprise, and it is also the direct description of the occupation of the enterprise's goods and services in the industry.

Trademark effect three: the most important property in the property.

The evaluation of the use value of a trademark can increase the company's total assets. A well-known brand with a higher use value can reflect the popularity of the trademark and the company's production and operation status, and indirectly reflect the acceptance of the products identified by the trademark.

Trademarks are amortized as an intangible asset, and can also convert use value based on assignments, approval of others' applications, or mortgage loans.

Trademark effect four: the identification code in the eyes of customers.

Commodities are subject to the inspection and supervision of social development in the sales market and participate in market competition. This market demand is the market competition of various performance parameters such as commodity type, quality, price, etc. This kind of information content is conveyed to customers according to the bridge of the road of trademark. Use trademarks to publicize and plan goods and services, which are concise, conspicuous, and conducive to memory, impress customers, attract the impulse to buy quickly, and achieve the actual effect of creating a brand and expanding the sales market.

Brand efficacy five: corporate reputation media.

A trademark is not only a sign to distinguish the source of goods and services, but also a representation of a company's reputation and competitiveness. The main manifestation of corporate reputation is the sense of accomplishment brought to customers by the products identified by the trademark. Trademarks condense the identification of goods and services, as well as the credibility of commodity operators and service providers. Trademarks are the best marks for the credibility of goods and services and the credibility of related enterprises. Brand reputation is particularly important in market demand. A credible trademark plays a key role in improving the competitiveness of commodities and opening up the market for commodity sales.

Trademark Effect 6: Employee badges.

A well-known brand with a good logo can give employees a sense of pride, satisfaction, mission, trust, responsibility, and development. The experience of customers determines the social awareness and acceptance of well-known brands of goods and services, and the experience of employees determines the team cohesion and pride of the well-known brands created by the company to employees. In other words, a well-known brand is a connection after all, and a featured connection is a unique connection of loyalty and trust.

Trademark Effect 7: Corporate Financing Transfer Station.

The business process of trademark and patent mortgage loan is based on the company's trademark use right as a mortgage loan, and the use value of the company's trademark is determined according to the third-party evaluation. loan.

Trademark Effect 8: Huge Shield in Well-Known Brand Dispute Cases.

Trademarks are like giant shields in war. Whoever owns the trademark patent is the owner of this huge shield. Registered trademarks have patent rights, which can not only protect their own trademark interests from damage, but also rebound damage from invading enemies when necessary.

Trademark registrants have trademark patent rights and are protected by laws and regulations. If others are afraid of counterfeiting, they can sue them for infringement and receive compensation for economic development. On the other hand, if others register ahead of time, they will surely lose their well-arranged all-day sales market, but they are likely to be accused of infringement.