1. The origin of trademarks
The origins of trademarks can be traced back to ancient times, when craftsmen printed their signatures or "marks" on their works of art or practical products. Today these marks have evolved into the trademark registration and protection system that is common in the world today. 2. The concept of trademark
A trademark is a mark used to distinguish one operator’s brand or service from the goods or services of other operators. my country's Trademark Law stipulates that for trademarks approved and registered by the Trademark Office, including commodity trademarks, service marks, collective trademarks, and certification marks, the trademark registrant enjoys exclusive rights to the trademark and is protected by law. If it is a well-known trademark, he will obtain a cross-category trademark. Legal protection of exclusive rights.
Answer from the official website of the World Intellectual Property Organization (World Intellectual Property Organization, WIPO): A trademark is a distinctive sign that identifies a product or service as being produced or provided by a specific individual or enterprise. The origins of trademarks date back to ancient times, when craftsmen would imprint their signatures or "marks" on their works of art or utilitarian products. Over the years, these marks evolved into today's trademark registration and protection system. This system helps consumers identify and purchase a product or service because the nature and quality of the product or service indicated by the unique trademark on the product or service meets their needs.
According to the Trademark Law of the People's Republic of China (revised in 2013), signs (including text, graphics, letters, numbers, sounds, etc.) that can distinguish one's own goods or services from the goods and services of others. , three-dimensional logos and color combinations, and combinations of the above). 3. The value of trademarks
Trademarks are intangible assets of an enterprise. There is no fixed determination of the value of a trademark. The value of a trademark as an asset in the investment or business process is the amount of capital contained in the trademark asset. It refers to its capital value, not its honorary or subjective value. Common value judgments are usually determined by the awareness and recognition of the trademark, and are evaluated based on the estimated value that the trademark can bring to the enterprise. 4. The role of trademarks
Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration.
In a broad sense, trademarks promote a positive and enterprising spirit around the world by rewarding trademark registrants with recognition and economic benefits. Trademark protection also prevents unscrupulous competitors, such as counterfeiters, from using similar distinctive marks to promote inferior or different products or services. This system enables skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, thus promoting the development of international trade.
Trademarks are an important part of the product and packaging decoration. A trademark with exquisite design, profound meaning, novelty and outstanding personality can well decorate the product and beautify the packaging, making consumers happy to buy. 5. The composition of a trademark
The letters that constitute a trademark refer to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters, foreign letters such as English letters, Latin letters, etc. The original Trademark Law classified trademarks consisting only of letters into the category of word trademarks. However, the newly revised Trademark Law in 2001 regarded letters as one of the constituent elements of a trademark. This provision is more realistic and convenient for trademark supervisors. The department reviews and approves trademark registration applications in accordance with the law.
Numbers as components of trademarks are also new provisions of the 2001 Trademark Law. The numbers constituting the trademark can be either Arabic numerals or Chinese uppercase numerals.
As a three-dimensional mark that constitutes a trademark, it can also be called a three-dimensional mark. It is a three-dimensional mark with three dimensions: length, width and height. A trademark mark composed of a three-dimensional mark is called a three-dimensional mark. It 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. It can also be displayed on the container or other places of the product.
The addition of provisions for the registration and protection of three-dimensional trademarks is a new addition to the Trademark Law revised in 2001, which will make China's trademark protection system more complete.
The color combination alone as a trademark element is also a newly added content in the 2001 Trademark Law. Unique and novel color combinations can not only give people a sense of beauty, but also have distinctiveness, can play a role in indicating products or sources, and can also play a role in distinguishing producers, operators or service providers.
The above-mentioned six types of trademark elements can be registered as trademarks alone, or any combination of two or more of the above-mentioned elements, identical or different, must comply with Article 8 of the Trademark Law The relevant provisions of Articles and Article 9.
As the colors of the words, graphics, letters, numbers, sounds, three-dimensional signs or their combinations that constitute the trademark, if no specific color requirements are explicitly stated when applying for trademark registration, they will be registered as black and white, or as black and white. Black and white color protection. If a designated color or color combination is clearly stated, the registration will be based on the designated color or color combination, and the designated color or color combination will also be protected.