A trademark is a mark used to distinguish one operator's brand or service from other operators' goods or services. China's trademark law stipulates that trademarks approved and registered by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoy the exclusive right to use trademarks and are protected by law. If they are well-known trademarks, they will be protected by cross-category laws.
1. word mark
refers to a trademark composed of characters only, including China Chinese characters and minority characters, foreign characters or trademarks combined with various characters.
2. Graphic trademark
refers to a trademark composed only of graphics. Among them, it is mainly divided into:
(1) mark trademark: it refers to a trademark that uses a simple symbol to form a pattern;
(2) Geometric graphic trademark: a trademark composed of abstract graphics;
(3) natural graphic trademark: it is a graphic trademark that takes people, animals and plants, natural scenery and other natural objects as objects. Some are pictures in kind, while others are trademarks made of natural graphics that have been processed, refined, generalized and exaggerated.
3. Alphabetic trademarks
refer to the smallest writing unit with pinyin characters or phonetic symbols, including trademarks composed of pinyin characters and foreign letters such as English letters and Latin letters.
4. Digital trademark
A trademark consisting of Arabic numerals, Roman numerals or Chinese capital numerals.
5. Three-dimensional logo trademark
is also called three-dimensional trademark. It is a trademark logo composed of three-dimensional three-dimensional objects with length, width and height. It is different from the trademark pattern that we usually see on a plane, but it appears in a three-dimensional material form, which may appear in the shape of goods or in containers or other places of goods. This is a new content added by the newly revised Trademark Law in 21, which will make the trademark protection system in China more perfect.
6. Color combination trademark
A color combination trademark refers to a trademark formed by arranging and combining two or more colors. A trademark composed of words, patterns and colors is not a color combination trademark, but a general combination trademark.
7. The combined trademark (1-6 above)
refers to a trademark composed of two or more ingredients, also known as a composite trademark.
8. Audio trademark
A group of music composed of notes or a trademark with a special sound as a commodity or service is an audio trademark. For example, a record company in the United States uses 11 notes to compose a set of music, and records it at the beginning of the tapes they sell as a sign to identify their products. This company applied for registration in order to protect the exclusive right of its stereo and prevent others from using and copying it. At present, audio trademarks are only recognized in a few countries, such as the United States. In the new Trademark Law, which was formally implemented on May 1, 214, China added the provisions of audio trademarks for the first time.
9. Smell trademark
Smell trademark is a trademark that uses a special smell to distinguish different goods and different services. At present, this trademark is only recognized as a trademark in some countries. Smell can't be registered as a trademark in China.
1. Location trademarks
Location trademarks refer to the three-dimensional shapes, patterns, colors and their combinations of specific parts of a commodity, through which the providers of goods or services are distinguished.
trademark users
1. Commodity trademarks
A commodity trademark is the symbol of a commodity, which is the most basic form of trademark. The trademark usually referred to by Dig Rock mainly refers to a commodity trademark; Among them, commodity trademarks can be divided into industrial trademarks of commodity producers and commercial trademarks of commodity sellers.
2. Service marks
Service marks refer to marks used to distinguish them from other similar services, such as those used by aviation, tour guides, insurance and finance, posts and telecommunications, restaurants, television stations and other units, mainly service marks.
3. A collective trademark
refers to a sign registered in the name of a group, association or other organization for members of the organization to use in commercial activities, so as to show the membership of users in the organization.
use of trademarks
1. Business trademarks
refer to trademarks that producers or operators use a specific logo or enterprise name on the goods they manufacture or operate. Some people call this logo "factory logo", "store logo" or "company logo".
2. A certification mark
refers to a mark that is controlled by an organization that has the ability to supervise a certain commodity or service, but used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service; Such as green food logo, leather logo, pure wool logo, electrician logo, 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 the graphics or text fonts are different. Some of them have the same graphics, but in order to distinguish the quality of different goods, they are distinguished by different colors, different papers, different printing technologies or other signs, and some are distinguished by different trademark names or graphics.
4. Assembled trademarks
Assembled trademarks refer to several trademarks used to distinguish similar goods due to different varieties, specifications, grades and prices, and these trademarks are used as a group to apply for registration at one time. There are similarities between assembly trademark and grade trademark.
5. Affiliate trademarks
Affiliate trademarks are trademarks based on certain trademarks, which are combined with various words or graphics and used on various commodities of the same enterprise, also known as "derivative trademarks".
6. Alternate trademarks
Alternate trademarks, also known as storage trademarks, refer to the registration of several trademarks on the same or similar goods at the same time or separately, which may not be used immediately after registration, but stored first and then used once needed.
7. defensive trade mark
defensive trade mark refers to the owner of a well-known trademark. In order to prevent others from using his trademark on different kinds of goods, his trademark is registered separately on non-similar goods. This kind of trademark is called defensive trade mark. At present, there is no relevant provision of "defensive trade mark" in China's trademark law.
8. Joint trademarks
A joint trademark refers to several identical or similar trademarks registered by the same trademark owner on the same or similar goods, some of which are similar in words and some are similar in graphics. These trademarks are called joint trademarks. This kind of similar trademarks may not be used after registration, and its purpose is to prevent others from counterfeiting or registering, so as to protect their own trademarks more effectively.
reputation
1. Ordinary trademarks
Under normal circumstances, most trademarks that are not protected by special laws are used.
2. City famous trademark
refers to a trademark that enjoys a high reputation in the local market (provincial capital cities and municipalities directly under the Central Government), is widely known by the relevant public, has a good quality reputation and enjoys special legal protection. (Only enterprises located in provincial capital cities can apply)
3. Provincial famous trademarks
refer to trademarks that enjoy a high reputation in the market in a large geographical scope (such as first-class local administrative regions and provinces), are widely known by the relevant public, have good quality reputation and enjoy special legal protection.
4. Well-known trademark
refers to a trademark that enjoys a high reputation in a large geographical scope (such as national and international), is widely known by the relevant public, has a good quality reputation and enjoys special legal protection.