(1) Trademark structure
1. Word trademark
Word trademark refers to a trademark consisting only of words, including Chinese characters, ethnic minority characters, foreign A trademark that is a combination of words and Arabic numerals or a variety of different words;
2. Graphic trademarks
A graphic trademark refers to a trademark that is composed only of graphics. Which can be divided into:
(1) Symbol trademark: refers to a trademark that uses some simple symbols to form a pattern;
(2) Geometric figure trademark: refers to a more abstract trademark Trademarks composed of graphics;
(3) Natural graphic trademarks: graphic trademarks composed of natural objects such as people, animals, plants, natural scenery, etc. Some are based on actual photos, while others are trademarks composed of natural graphics that have been processed, refined, summarized and exaggerated;
3. Letter trademarks
Refer to the Chinese pinyin The smallest writing unit of text or phonetic symbols, including trademarks composed of pinyin characters, foreign letters such as English letters, Latin letters, etc.;
4. Digital trademarks
Use Arabic numerals, Roman numerals, etc. Numbers or trademarks composed of Chinese capital letters;
5. Three-dimensional logo trademarks
Three-dimensional logo trademarks are also called three-dimensional trademarks, which are three-dimensional logos with three dimensions: length, width, and height. A trademark mark composed of a three-dimensional object mark is different from the trademark pattern that we usually see on a flat surface. Instead, it appears in a three-dimensional material form. This form may appear on the appearance of the product or on the product. container or other place. This is a new content added to the newly revised "Trademark Law" in 2001, which will make China's trademark protection system more perfect;
6. Color combination trademarks
Color combination trademarks It refers to a trademark formed by the arrangement and combination of two or more colors. Trademarks composed of words, patterns and colors are not color combination trademarks, but are just general combination trademarks;
7. Combination trademarks (1 to 6 above)
Refer to two A trademark composed of one or more components is also called a composite trademark;
8. Sound trademark
A set of music composed of notes or a special sound as a A trademark for goods or services is an audio trademark. For example, a record company in the United States uses 11 notes to form a set of music and records it at the beginning of the tapes they sell as a mark to identify their products. This company applied for registration in order to protect the exclusive rights of its speakers and prevent others from using and copying them. Audio trademarks are currently only recognized in a few countries such as the United States, and cannot be registered as trademarks in China;
9. Smell trademarks
Smell trademarks use a special smell as a way to distinguish different products. and trademarks for different services. Currently, this kind of trademark is only recognized as a trademark in certain countries. It cannot be registered as a trademark in China.
10. Positional trademarks
Positional trademarks refer to the three-dimensional shape, pattern, color and combination of specific parts of a commodity, through which providers of goods or services are distinguished.
(2) Trademark users
1. Commodity trademarks
Commodity trademarks are the marks of goods. It is the most basic form of expression of a trademark, commonly known as Trademarks mainly refer to commodity trademarks; commodity trademarks can be divided into industrial trademarks of commodity producers and commercial trademarks of commodity sellers.
2. Service trademarks
Service trademarks refer to signs used to distinguish other similar services, such as those used by aviation, tour guides, insurance and finance, post and telecommunications, hotels, television stations, etc. The logo is a service mark.
3. Collective trademark
A collective trademark is registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate that the user is a member of the organization. membership sign.
(3) Use of trademarks
1. Business trademarks
refers to producers or operators using specific logos or company names on products they manufacture or operate. The trademark on the product, this kind of mark is also called "factory mark", "store mark" or "division mark".
2. Certification trademarks
are controlled by an organization that has the ability to supervise certain goods or services, and are used by units or individuals other than the organization for their goods or services. , a mark used to prove the origin, raw materials, manufacturing method, quality or other specific quality of the goods or services; such as: green food mark, genuine leather mark, pure wool mark, electrician mark, etc.
3. Grade trademarks
Grade refers to the same trademark or different trademarks used on a commodity with different quality, specifications and grades. Some of these trademarks have the same name, but different graphics or text fonts; some have the same graphics, but are distinguished by different colors, different papers, different printing techniques or other signs in order to facilitate the differentiation of different product qualities; and some are Use different brand names or graphics to distinguish them.
4. Group trademarks
Group trademarks refer to several trademarks used to distinguish similar goods due to differences in variety, specification, grade, and price. And treat these trademarks as a group and submit an application for registration at one time. Group trademarks are similar to grade trademarks;
5. Family trademarks
Family trademarks are based on a certain trademark and then combine it with various words or graphics , a trademark used on various goods of the same enterprise, also called a "derivative trademark".
6. Alternate trademarks
Alternate trademarks are also called storage trademarks, which refer to registering several trademarks on the same goods or similar goods at the same time or separately. They may not be used immediately after registration. It is stored first and then used when needed.
7. Defensive trademarks
Defensive trademarks refer to well-known trademark owners who, in order to prevent others from using their trademarks on different categories of goods, separate their trademarks on non-similar goods. Registered, this kind of trademark is called a defensive trademark. At present, my country’s trademark laws do not have relevant provisions on “defensive trademarks”.
8. Joint trademarks
Joint trademarks refer to several identical or similar trademarks registered by the same trademark owner on the same or similar goods. Some are similar in text, and some are similar in graphics. These trademarks are called joint trademarks. After registration of such mutually similar trademarks, it is not necessarily necessary to use them. The purpose is to prevent others from counterfeiting or registering, thereby more effectively protecting one's own trademarks.
(4) Degree of reputation
1. Ordinary trademarks
Most trademarks that do not receive special legal protection are used under normal circumstances.
2. Well-known trademarks
A well-known trademark refers to a trademark that enjoys a high reputation in a large geographical area (such as national and international), is generally known to the relevant public, and has a good reputation. Quality reputation and enjoys special legal protection of trademarks.