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Problem Description:

What is the significance of trademarks. Why do people say that a trademark is an intangible property?

Analysis:

my country’s definition of trademark is:

Trademark (TradMark in English) refers to the way that producers and operators use their products or services to market their own goods or services. A kind of visibility consisting of text, graphics, letters, numbers, three-dimensional logos and color combinations used on goods and their packaging or service marks to distinguish them from other people's goods or services, as well as combinations of the above elements logo.

The World Intellectual Property Organization (WIPO) defines a trademark as: a trademark is a sign used to distinguish the goods of an industrial or commercial enterprise or such an enterprise group.

The International Association for the Protection of Industrial Property (AIPPI) defined trademarks at the Berlin Congress: "A trademark is a mark used to distinguish goods and services provided by individuals or groups."

< p> The French *** states in its "Trademark Law": "All tangible signs used to identify the products, goods or services of any enterprise may be regarded as trademarks."

The trademark has The characteristics are:

(1) A trademark is a mark used on goods or services, which cannot be separated from the goods or services and is attached to the goods or services.

(2) A trademark is a sign that distinguishes the goods or services of others and has a particularly distinctive distinguishing function, thereby making it easy for consumers to identify. The composition of a trademark is an artistic creation.

(3) A trademark is a visible sign consisting of a combination of words, graphics, letters, numbers, three-dimensional signs and colors, as well as a combination of the above elements.

(4) The trademark is exclusive. The purpose of using a trademark is to distinguish the goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights to his trademark and is protected by law. No one may use a trademark that is identical or similar to the registered trademark without the permission of the trademark owner. Otherwise, it will constitute an infringement of the registered trademark. The owner of the right shall bear the corresponding legal liability for the exclusive right to use the trademark.

(5) A trademark is an intangible asset and has value. A trademark represents the quality reputation and corporate reputation and image of the trademark owner's production or operation. The trademark owner makes the trademark valuable and increases the added value of the goods through the trademark's creativity, design, application for registration, advertising and use. The value of a trademark can be determined through an appraisal. A trademark can be transferred for a fee, and others can be allowed to use it with the consent of the trademark owner.

(6) Trademark is the carrier of product information and a tool to participate in market competition. The competition among producers and operators is the competition for the quality and reputation of goods or services, and its manifestation is the competition for trademark visibility. The higher the trademark visibility, the stronger the competitiveness of its goods or services.

Symbols used on trademarks:

TM - trademark symbol, refers to a commodity trademark that has been registered with the Trademark Office (application for registration), or the holder declares that it has the right.

SM - Same as above, used for service marks.

R - registration symbol, refers to a trademark that has been approved and registered by the Trademark Office.