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Trademark And Patent Knowledge Training

Feb 15, 2022

Trademark and Patent Knowledge Training

A trademark is important to use, as it is only a sign that distinguishes other goods and services. The patent focuses on exclusivity, which is more able to achieve the possibility of seizing the market. Strictly speaking, if others do not infringe on your trademark rights, you do not need to rely on trademarks to attack competitors (except for the ability to compete and compare with competitors in terms of branding and product quality, but not the function of the trademark itself), But patents can.

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If an enterprise only applies for a trademark without protection by relevant patents, then the intellectual property protection of this enterprise is still very basic. Others can still use patent rights to defeat you. Don't say that the products you produce have no technical content. There is a type of patent right called design patent, and its main purpose is to protect "design". my country's "Patent Law" implements the principle of first-to-file. There is no such thing as prior use like trademarks, nor does it protect products or methods that have been used earlier but have not applied for a patent.

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1. The company's products are popular products, which are at the same level as competitors' products

Many people think that it is the same with or without a trademark, as long as the company does a good job of service, it is fine. After the company has done a good job in the service, the company has developed, and now I realize that it is not only selling products, but also services. I want to distinguish my service quality from competitors, so I want to register the company name as a trademark, but unfortunately, it has been Someone else is registered.

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Second, when the company was first established, the scale was small

In this case, many people one-sidedly think that it doesn't matter whether you want a trademark or not, and even think that the company name is the company brand, and there is no need to register a trademark. As the company grows, it is discovered that its company name has been registered as a trademark by others, and the company has to re-register the trademark again, so as to rebuild the brand.

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3. The enterprise is a trading (or agency) company that sells products from other manufacturers

For example, exclusive agency companies, brand agencies, and other non-productive companies often feel that there is no need to build their own brands. However, when the company develops into a chain operation, it only finds that its company name has been registered as a trademark by others or that the company has spent several years promoting the products of others (the products being represented). Strategically made wedding dresses for others, while ignoring the building of the company's brand.

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4. The enterprise has begun to take shape, and already has registered trademarks, and even has more than 10 registered trademarks

At this time, enterprises often think that they have already put in place the protection of trademark registration, and they can rest assured. However, at this time, it is often the most dangerous for enterprises, because, as the company grows (the popularity of the trademark expands), the famous brand phenomenon begins to appear, and some small companies begin to compete unfairly around the trademarks of successful companies, and they gradually Coming out of the counterfeit trademarks of previous years, began to unfairly compete under the guise of legality (usually called edge ball). Therefore, applying for a patent is also an urgent need and must be done. This is how you can protect your own interests.

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Strategies for Enterprises to Register Trademarks

Choose a distinctive brand name

A good trademark needs to have many factors, and distinctiveness is one of the most important factors. The distinctiveness of a trademark refers to the words, graphics or other constituent elements used in the trademark, which can distinguish the goods or services provided by different producers or operators. In order to achieve distinctiveness, the trademark design should be as concentrated as possible, which is easy to identify, easy to call, and easy to remember.

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The distinctiveness of a trademark can be inherent or acquired through use. Obviously, inherent distinctiveness is better than through use.

If the distinctiveness of the trademark is weak, even if it can be registered, it is very difficult to promote and disseminate, and the use effect is unsatisfactory. In the event of infringement and counterfeiting, the cost of rights protection will be higher.




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