I copied a lot. If you don’t want to know a lot, just read the first paragraph
What is a trademark?
What is the function of a trademark?
Uses and taboos of trademarks
Principles and methods of formulating trademark names
The relationship between trademarks and other concepts
Trademarks The main features
Types of trademarks
Trademarks and consumer protection
Things to note when natural persons apply for trademark registration
Steps to register a trademark
Things to note when designing graphic trademarks
China’s earliest trademark
Things to note when natural persons apply for trademark registration
Steps to register a trademark
p>
Things to note when designing graphic trademarks
China’s earliest trademark
[Edit this paragraph] What is a trademark?
Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide, to distinguish the source of goods or services. A sign with distinctive features consisting of words, graphics or a combination thereof.
Trademark is a product of modern economy. It is different from ancient marks. Modern logos carry the intangible assets of enterprises and are the media for the transmission of comprehensive information of enterprises. As the most important part of a company's CIS strategy, the logo is the most widely used, most frequent, and most critical element in the process of corporate image transmission. The company's strong overall strength, perfect management mechanism, high-quality products and services are all embodied in the logo. Through constant stimulation and repeated portrayal, it remains deeply in the hearts of the audience.
Trademark design fixes specific things, events, scenes and abstract spirits, concepts, and directions through special graphics, so that when people see the trademark, they will naturally associate it with each other, thus having an impact on the enterprise. Agree. Trademarks are closely related to the operation of enterprises. Trademarks are an indispensable element in daily business activities, advertising, cultural construction, and external exchanges. As enterprises grow, their value continues to grow. Someone once asserted: "Even if a The fire burned down all the assets of Coca-Cola, and Coca-Cola can get back on its feet with its trademark." Therefore, enterprises with a long-term vision attach great importance to trademarks and understand the role of logos. In the early stages of enterprise establishment, a good logo design is undoubtedly an important carrier for the accumulation of intangible assets in the future. If it does not objectively reflect the corporate spirit and industry characteristics, and has a scientific and beautiful shape logo, when the enterprise develops and makes changes and adjustments, it will cause unnecessary waste and losses to the enterprise. After the Bank of China changed its logo, only the outdoor media that were removed and replaced nationwide caused a loss of 20 million yuan.
In the commercial field, trademarks include words, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, which can be applied for registration as trademarks. The logo of a trademark should also have distinctive features and be easily identifiable, so that consumers can distinguish the products or services marked by the trademark from similar products or services marked by other trademarks.
Answer from the official website of the World Intellectual Property Organization (WIPO) www.wipo.int: A trademark is to indicate that a certain product or service is produced or provided by a specific individual or enterprise. A distinctive sign of service. The origins of trademarks date back to ancient times, when craftsmen imprinted 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 and the People's Republic of China (2001 Amendment), visible signs (including text, graphics, letters, numbers, three-dimensional logos and color combinations, and combinations of the foregoing).
Marking of the trademark in use
When marking the trademark, R/TM should be added in the upper right corner: R in the circle is the mark of "registered trademark", which means that the trademark The trademark has been applied for registration with the National Trademark Office and has been reviewed and approved by the Trademark Office, becoming a registered trademark. The R in the circle is the first letter of English register.
Registered trademarks have the characteristics of exclusivity, exclusivity, and uniqueness. They are exclusively owned by the owner of the registered trademark and are protected by law. No enterprise or individual may use it without the permission or authorization of the owner of the registered trademark. , otherwise you will bear infringement liability.
Using TM means the trademark symbol (companies using TM usually mean that the text, graphics or symbols are used as trademarks), that is, the text, graphics or symbols marked with TM are trademarks, but they have not necessarily been registered. . TM is the abbreviation of English trademark. (It should be noted that words, words, and symbols that have become registered trademarks cannot be used as registered trademarks using the circle R symbol if the font version is different from the font used for registration in actual use)
[Edit this paragraph]What is the function 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. The length of protection period varies, but after expiration, the trademark can be renewed for any number of times as long as additional fees are paid. Trademark protection is enforced by the courts, which in most systems have the power to stop trademark infringement. Broadly speaking, trademarks promote a positive and enterprising spirit around the world by rewarding their 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.
[Edit this paragraph] Use and taboos of trademarks
1. The Trademark Law stipulates that the following signs shall not be used as trademarks:
(1) Same as the People's Republic of China ***The country's name, national flag, national emblem, military flag, or medal is the same as or similar to that of the country, or is the same as the name of a specific place where the central state agency is located or the name or figure of a landmark building;
(2) Identical or similar to the name, national flag, national emblem, or military flag of a foreign country, except with the consent of the government of that country; (3) Identical or similar to the name, flag, or emblem of an intergovernmental international organization, or Similar, except with the consent of the organization or not likely to mislead the public;
(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for those authorized; < /p>
(5) The same or similar names or symbols as "Red Cross" or "Red Crescent";
(6) Ethnic discriminatory;
(7) Exaggerated and deceptive propaganda;
(8) Harmful to socialist morals or having other adverse effects.
Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
A collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
Certification trademarks are controlled by an organization with the ability to supervise certain goods or services and are used by units or individuals other than the organization to certify the goods or services. origin, raw materials, manufacturing methods, quality or other signs of specific quality.
2. However, the following signs shall not be registered as trademarks if they have not been used to obtain distinctive features and are easy to identify:
(1) Only the common name and graphics of the product , model;
(2) Only directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Lack of distinctive features .
3. It is prohibited to copy, imitate or translate someone else’s well-known trademark that has not been registered in China:
A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China. Well-known trademarks registered in China that are likely to cause confusion will not be registered and are prohibited from use.
If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.
[Edit this paragraph] Principles and methods of formulating trademark names
(1) Principles of formulating trademark names
When naming a trademark, in addition to complying with In addition to the legal requirements for trademark naming, you should also pay attention to following the following principles:
1. Easy to recognize, easy to read, easy to understand, easy to remember, and easy to write
The name of the trademark must first be understood Be concise; use words that are easy to understand; do not use obscure, obscure words; use words with simple strokes that are easy to write and print; do not use ancient or obsolete characters with complex strokes that are difficult to identify or have been eliminated; pronunciation It should be loud and smooth, with musical beauty, and should avoid twisting and turning, and should be indifferent between straight and oblique; in addition, the text of the name should not be too long.
2. Grasp the characteristics and highlight the key points
The trademark name is very short and can only show the characteristics of a certain aspect of the product, so it is necessary to grasp the characteristics and highlight the key points. This kind of prominence may focus on displaying identity, such as "Kweichow Moutai"; or focusing on displaying technology, such as "Ancient Han Health Essence"; or focusing on displaying materials, such as "Liangmianzhen Toothpaste"; or focusing on displaying value. , such as "Diamond Electric Fan"; or focus on displaying functions, such as "Bai Li Brand Soap"; or outline the image, such as "Little White Rabbit Toothpaste"; or express interest, such as "Xiyingmen Towel Quilt"; or show style, such as "Princess Piano"; etc.
3. Integrate name and reality to avoid self-contradiction
The name should reflect a certain feature of the product from a certain aspect, and this feature should have a certain connection with the product rather than self-contradiction. There should be a phenomenon that the name of the product is inconsistent with the actual product or damages the image of the product. For example, the "Black Panther" brand agricultural vehicle, "Black Panther" shows the power of the vehicle, and the "Chrysanthemum" of the "Chrysanthemum" fan gives people a sense of coolness. The combination of name and reality is reasonable.
4. The psychology of the consumer must be taken into consideration
Commodities have a certain consumer target, and the psychology of the consumer must be considered when naming in order to win the market. For example, children's products must consider children's psychology: so there are Little Angel shoes, White Rabbit toffee, and Wahaha fruit milk. Health care products for the elderly should consider the psychology of the elderly: so there are Baile Chinese patent medicines, Laolaifu oral liquid, and Ruyi brand crutches. Cosmetics are mainly consumed by young women, so the brand names are fashionable and Western-style: Aoqi, Yaqian, Head & Shoulders, Lihua Sibao, and Golden Ballet. High-end consumer goods are aimed at the characteristics that buyers should choose carefully, using trademark names to show that the goods are valuable, sophisticated, durable and advanced, such as Strauss brand pianos, Panda brand TVs, Aerospace brand refrigerators, Sapphire brand watches, etc. wait.
5. The name should be aesthetic and meaningful
The so-called aesthetic means that the name has a vivid image and can make people have good associations. Such as: Tulip brand wallpaper, Penguin brand sweaters, Lotus brand MSG.
Meaningful means that the name can contain more information. For example, "Zhongyi" not only indicates that the product has introduced Italian technology, but also tells people that the product is satisfactory. "Lao Lai Fu" not only means "Lao Lai Fu" in Chinese, but also has a homophonic sound with the English word "LONGLIFE" (longevity).
(2) Methods of formulating trademark names
1. Introduction of descriptive formula
This is the most commonly used method. The terms used in this method are plain and popular. Some introduce the place of origin, such as Shanghai, Qingdao, and Tianjin; some introduce the effects, such as: divine power, Yishili, forever, Yongfang, Jianmin, and Ruyi.
2. Metaphoric type
The characteristic of this method is that the name is a metaphor, which refers to a certain aspect of the product, such as: the name of the TV, "Changhong" refers to brilliant , "peony" means bright and "peacock" means colorful.
3. Implication
The characteristic of this method is that although the name is not a metaphor, it can vaguely reveal more other information. For example, "Huari" implies the Japanese technology of the product, "aerospace" implies cutting-edge technology, "manly" cigarettes imply a certain style standard and value orientation, and Yuyang brand blanket implies the materials used in the blanket.
4. Symbolic style
The characteristic of this method is that the name can give people rich associations. For example, the "Great Wall" symbolizes a creative spirit, and the "Yellow River" symbolizes the antiquity of the Chinese nation. These are relatively concrete symbols. Some are more abstract, such as "double ring" and "triangle", which can only be left to consumers to freely associate and have different opinions.
5. Authoritative style
The characteristic of authoritative style is that it is named with authority. Or borrow celebrities, such as "Li Ning Brand", "Xinghai Brand" or self-proclaimed authority, such as "Tianwang Brand", "Bawang Brand".
6. Wishing style
The characteristic of wishing style is that the name has an auspicious and festive color. Such as "beautiful", "dafa", "xiyingmen", "double happiness" and so on.
There are many naming methods. Here is a rough list of the most commonly used ones. The specific application must be handled flexibly according to the actual situation. (Excerpted from "Principles and Methods of Formulating Trademark Names", Issue 3, 1995, of "Applied Writing" magazine)
[Edit this paragraph] The relationship between trademarks and other concepts
Regarding the relationship between trademarks and advertising, trademarks are product identifiers and are relatively fixed. Once registered, they are protected by law and cannot be used by others. Advertisements are used to promote enterprises or products, and advertisements must be based on the target of the promotion. The form should be flexible. Of course, it is best to have the product’s trademark in the advertisement, which will make others’ impressions deeper.
1. The relationship between trademarks and product names
Trademarks and product names are closely related and fundamentally different. Only when a trademark is attached to the product package or product and used together with the product name can consumers distinguish the source of the product. The product name is used to distinguish different raw materials and different uses of the product and can be used independently. Trademarks are specific and exclusive, while trade names (except for unique names) are usually public.
2. The relationship between trademarks and product packaging and decoration
Trademarks and product packaging and decoration are also closely related, but they are also essentially different. The similarity between the two is that the trademark is part of the product packaging and decoration, and both are used on the product packaging at the same time. The difference between the two is: the function of a trademark is to distinguish different producers or operators of goods; while decoration is to beautify the goods, make them pleasing to the eyes of consumers, and give people a sense of beauty. Trademarks are regulated by the Trademark Law; decoration is regulated by the Anti-Unfair Competition Law and the Patent Law. The use of registered trademarks cannot be changed at will; the decoration design can be changed at will.
3. The relationship between trademarks and industrial designs
Both are industrial property rights and both give people visual effects. However, trademarks are only attached to product packaging or goods, and are not the form of existence of goods; industrial designs are the form of existence of goods. Trademarks are protected in accordance with the Trademark Law; industrial designs are protected in accordance with the Patent Law.
4. The relationship between service marks and corporate names
(1) The constituent elements are different. The company name generally consists of the name of the administrative division, trade name, industry or business characteristics, and organizational form. A trademark can only consist of a distinctive part that distinguishes it from the services provided by others.
(2) Different functions. Service marks only distinguish the origin of different services, while business names can identify the operations of different companies, including services and goods. A company can have multiple trademarks for services or goods, but generally only one company name.
(3) The applicable legal procedures are different. As long as the service trademark does not violate the prohibited provisions of the Trademark Law and does not infringe the exclusive rights of others' trademarks, it can be used without registration, but there is no exclusive right. The company name must be approved and registered by the competent authority designated by the state before it can be used.
(4) The scope of exclusive rights is different. Once a service trademark is approved and registered, it enjoys exclusive rights nationwide. The company name only enjoys exclusive rights within the specified area.
(5) Different forms of expression. Service marks are expressed in the form of words, graphics and their combinations, and company names can only be expressed in words.
(6) Applicable laws are different. The laws regulating business names vary greatly from country to country, while trademarks are regulated by the Trademark Law.
(7) A trademark may be transferred or licensed to others, but a business name may not be transferred alone or allowed to be used by others.
5. The relationship between service marks and trade names
(1) Service marks only serve to distinguish the source of services, while trade names can not only distinguish the sources of different services, but also distinguish different goods. The source;
(2) Trade names are composed of words, but service marks can be composed of words, graphics or a combination thereof;
(3) Trade names and manufacturer names, It can be used as part of the company name and is registered in accordance with the "Enterprise Registration Management Regulations". When a trade name is used as a trademark, it must be approved and registered in accordance with the "Trademark Law" in order to receive legal protection and enjoy exclusive rights.
Trade names and service marks are part of industrial property rights.
[Edit this paragraph] The main characteristics of trademarks
(1) A trademark is a distinctive sign, which is different from signs that are narrative and publicly known and public. Marks of other people’s goods or services so that consumers can easily identify them.
(2) The trademark is exclusive. The purpose of using a trademark is to distinguish the source of goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights and exclusive rights to his trademark, and others may not use it without the permission of the registered trademark owner. Otherwise, it will constitute an infringement of the trademark rights of the registrar and owner and a violation of my country's trademark laws.
(3) Trademarks have 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. Trademarks can be transferred for a fee; others can be allowed to use them with the consent of the trademark owner.
(4) Trademarks are competitive and are tools for participating 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.
An ideal trademark should have five characteristics: identification, communication, aesthetics, adaptability, and contemporaryness.
A. Identification: It is the most basic function of a trademark. The special nature and function of a trademark determine that the trademark must have a unique personality and no confusion by similarity is allowed.
B Conveyability: The more distinctive the personality, the stronger the visual appeal and the deeper the stimulation. Modern trademarks not only play a role in distinguishing goods, but also express certain meanings and convey clear information through trademarks, including the company's business philosophy, product performance and use, etc. In this sense, trademarks should be as precise as signals. , easy to identify and understand.
C Aesthetics: The trademark should be concise, easy to read and easy to remember, and should have concise and clear visual effects and appeal.
D Adaptability: The expression form of the trademark must also adapt to the challenges of different materials, different technologies, and different conditions. No matter how it changes in black and white, color, zoom or zoom, systematization and standardization regulations must be respected.
E-Epoch: Trademarks must adapt to the development of the times and make reasonable adjustments at the appropriate time to avoid being eliminated by the times.
[Edit this paragraph] Types of trademarks
According to different standards, trademarks can be mainly divided into the following categories:
(1) Flat trademarks and trademarks Three-dimensional trademark
A two-dimensional trademark refers to a trademark composed of a combination of words, graphics, letters, numbers, colors, or a combination of the aforementioned elements. A three-dimensional trademark is a trademark composed of a product's container, packaging, shape and other three-dimensional signs with a three-dimensional appearance.
(2) Commodity trademarks and service trademarks
Commodity trademarks refer to trademarks used on various commodities to distinguish different producers and operators, such as "Changhong", "Haier" etc. Service trademarks refer to trademarks used for services to distinguish service providers.
(3) Collective trademarks and certification marks
Collective trademarks are registered in the name of a group, association or other organization for use by members of the organization in commercial activities to identify the user. A sign of membership in the organization. For example, trademarks registered by cooperatives and industry associations can be used by cooperative members and association members. Certification trademarks are controlled by an organization with the ability to supervise certain goods or services and used by units or individuals other than the organization to certify the origin, raw materials, and manufacturing of the goods or services. A sign of method, quality or other specific quality. For example, the pure wool mark registered and managed by the International Wool Bureau is a well-known certification mark.
[Edit this paragraph] Trademarks and Consumer Protection
According to the "Supreme People's Court's reply on whether the victim of a product infringement case can file a civil lawsuit against the trademark owner of the product as the defendant" ”, the victim of a product infringement case can file a civil lawsuit against the trademark owner of the product as the defendant.
Timeliness of Trademarks
According to Article 23 of the Trademark Law, the validity period of a registered trademark is ten years, calculated from the date of approval. You can renew and pay the renewal fee six months before the expiration of the validity period. Each renewal is still valid for ten years. There is no limit to the number of renewals. If an application is not made within this period, a 6-month grace period may be granted. If the renewal of registration is not submitted within the extension period, the Trademark Office will cancel the registered trademark and make an announcement.
my country’s Trademark Law does not include instructions for trademarks that have not been approved for registration or are currently being registered. For example, our commonly used TM logo does not actually exist in my country’s Trademark Law, and there are no relevant regulations in my country. TM The logo is just a reference to foreign usage. It means that the trademark has been applied for registration to the State Administration for Industry and Commerce and is currently under review and approval. And it has no other meaning.
The circle R is the mark of "registered trademark", which means that the trademark has been applied for registration at the National Trademark Office and has been reviewed and approved by the Trademark Office to become a registered trademark. The R in the circle is the first letter of English register.
Registered trademarks have the characteristics of exclusivity, exclusivity, and uniqueness. They are exclusively owned by the owner of the registered trademark and are protected by law. No enterprise or individual may use it without the permission or authorization of the owner of the registered trademark. , otherwise you will bear infringement liability.
The use of TM means the trademark symbol, that is, the words, graphics or symbols marked with TM are trademarks, but they are not necessarily registered (unregistered ones are not protected by law). TM is the abbreviation of English trademark.
[Edit this paragraph] Things to note when applying for trademark registration by natural persons
In accordance with the provisions of Article 4 of the Trademark Law of the People's Republic of China, engaged in production, manufacturing, and processing If a natural person who selects and distributes goods or provides services needs to obtain the exclusive right to use a trademark, he or she shall apply for trademark registration with the Trademark Office. When applying for trademark registration and transfer in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, you should also pay attention to the following matters:
1. Individual industrial and commercial households can use The trade name registered in the "Individual Industrial and Commercial Household Business License" shall be used as the name of the applicant to apply for trademark registration, or the trademark registration application may be filed in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:
(1) ID card of the person in charge;
(2) Business license.
2. An individual partnership may file a trademark registration application in the name of the applicant using the trade name registered in its "Business License" or the trade name registered in the registration documents of the relevant competent authority, or in the name of all partners*** File an application for trademark registration at the same time. When applying in the name of all partners, copies of the following materials should be submitted:
(1) ID card of the partner;
(2) Business license;
(3) Partnership agreement.
3. Rural contract operators can apply for trademark registration in the name of the person who signed the contract. Copies of the following materials should be submitted when applying:
(1) Identity of the person signing the contract Certificate;
(2) Contract.
4. Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying. :
(1) ID card of the operator;
(2) Registration document issued by the relevant administrative authority.
5. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the scope of business approved by the natural person in the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.
6. For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept the application and notify the applicant in writing.
If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.
7. When applying for trademark transfer, if the transferee is a natural person, you should refer to the above matters.
The key is whether "Leonurus sanitary napkin" is a proprietary mark.
If it is deemed to be proprietary, you will have to change the name; if you can find other manufacturers with products with the same or similar names, ignore them.