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Concepts and differences between product names and trademarks

In various commercial activities in the commodity market, there are many other signs or marks that are very similar to trademarks. Some of them are related to the commodity economy, but they are different from the trademarks used on commodities. Some products are attached to the same thing as the trademark and have the same owner. These signs or marks can easily be confused with trademarks, so it is necessary to introduce them in detail. Product Name Product name refers to the name of a product used to distinguish it from other products. Product names can be divided into general names and specific names. The common name of a commodity refers to the general name of a commodity that is well known to the public, such as: televisions, computers, tables, clothes, etc. A common name only refers to the name of the same type of goods and cannot be used to distinguish different goods of the same type. For example: the general name "computer" cannot be used to distinguish computers produced by "Lenovo" company from computers produced by "Great Wall" company. The specific name of a product refers to the name of a specific product, such as: Jiafanjiu, Moutai, 21 Jinvita, Liangmianzhen toothpaste, etc. Most specific names of goods can be registered as trademarks as long as they do not violate the provisions of Article 11 of the Trademark Law. The main differences between trade names and trademarks are: 1. Trade names are popular, owned by the public, and can be used by everyone; while trademarks are specific and exclusive. 2. The common name of goods is used to distinguish different types of goods, and the specific name of goods is used to distinguish goods of the same type (specific goods, specific objects); while trademarks are also used to distinguish goods, they are mainly used to distinguish goods. To distinguish between producers and sellers of different commodities. 3. The common name of a commodity is not distinctive and cannot be registered as a trademark because it not only cannot distinguish different producers or sellers of the commodity, but also turns a title that should be used by the public into the exclusive use of a specific person, resulting in undue Some have monopolies; as long as the specific names of goods do not violate the provisions of Article 11 of the Trademark Law, most of them can be registered as trademarks, such as: 21 Golden Vita, Maotai Liquor, Liangmianzhen Toothpaste, etc. They are not only the specific names of goods, It is also a registered trademark of the product. 4. The name of the product arises naturally and does not require any formalities; 5. A registered trademark must be applied for and approved before it can become a registered trademark. Generally, product names are not protected by law. Only the names of well-known products can be protected by the Anti-Unfair Competition Law. It should be noted that if the owner of a trademark improperly uses or protects the trademark, especially a well-known trademark, it is possible that the trademark will gradually and naturally transform into a well-known common name of goods, and the trademark will lose its distinctiveness, and the trademark owner will also lose its distinctiveness. Loss of exclusive monopoly rights over the mark. For example: aspirin, nylon, etc. have similar experiences.