Smell trademarks are trademarks that distinguish different trademarks and different service items with a special smell. In China, smell can't be registered as a trademark. However, in other countries in the world, it is stipulated that odor can apply for a registered trademark. If domestic businesses apply for sound and smell as registered trademarks in these countries, it is also possible.
trademark registration is a legal procedure for obtaining the exclusive right to use a trademark. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark in its production and business activities, it shall apply for trademark registration. A registered trademark is a registered trademark. Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The exclusive right to use a trademark is limited to the registered trademark and the goods or services approved for use. Registered trademarks include commodity trademarks, service trademarks, collective trademarks and certification trademarks. Goods that are required by laws and administrative regulations to use registered trademarks must apply for trademark registration, and those that have not been approved for registration may not be sold in the market.
trademark registration is the premise and condition for trademark users to obtain the exclusive right to use trademarks. Only registered trademarks are protected by law. The principle of trademark registration is the basic criterion for determining the exclusive right to use a trademark. The choice of different registration principles is the result of weighing the relationship between legal certainty and legal fairness in this issue.
article 3 of the trademark law of the people's Republic of China * * * trademarks approved and registered by the trademark office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law 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. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization that has the ability to supervise a commodity or service and 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. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.