Nowadays, many people are paying more and more attention to copyright issues, and the importance of trademarks is increasingly highlighted. So what are the different types of trademarks?
1. According to Whether the trademark has been approved by relevant national agencies
According to whether the trademark has gone through the approval and registration procedures of the national trademark authority, trademarks can be divided into registered trademarks and non-registered trademarks. Registered trademarks are those that have gone through the approval and registration procedures. A trademark that enjoys exclusive rights within a certain scope (the right to prohibit others from using the same or similar trademarks on identical or similar goods). In fact, most of the trademarks we usually refer to refer to registered trademarks. .
2. According to the different objects of use of trademarks
Trademarks can be divided into commodity trademarks and service trademarks according to the objects of use. As the name suggests, commodity trademarks are used by commodity providers on goods. Trademarks on the Internet, such as those used on clothes, daily necessities, etc., are commodity trademarks; service trademarks refer to trademarks used by service providers on services, such as the logos used by banks when doing business, which are service trademarks. .
3. According to the specific functions of trademarks
According to the identity of the trademark registrant and the specific functions of the trademark, trademarks can also be divided into ordinary trademarks, collective trademarks, certification trademarks, etc. Ordinary trademarks refer to trademarks that are independently registered by Volkswagen operators and obtained permission from the Trademark Office, and are mainly used by themselves. Collective trademarks and certification trademarks are registered in the name of specific organizational groups, associations or other organizations. It is mainly used by members of the organization in commercial activities to indicate the user's membership in the organization and to prove the raw materials, origin, manufacturing method, quality and other specific quality marks of the product.
< p>4. Classification according to the elements of trademark compositionAccording to the different elements of trademark composition, trademarks can also be divided into word trademarks, graphic trademarks, three-dimensional trademarks, sound trademarks, combination trademarks, etc.
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1. Classification by trademark structure
1. Word trademarks refer to Trademarks consisting only of words include Chinese characters and ethnic minority characters, foreign characters and Arabic numerals, or trademarks composed of various different words;
2. Graphic trademarks refer to trademarks consisting only of graphics. Which can be divided into:
(1) Symbol trademark: refers to a trademark that uses some simple symbols to form a pattern;
(2) Geometric figure trademark: refers to a more abstract trademark Trademarks composed of graphics;
(3) Natural graphic trademarks: graphic trademarks composed of natural objects such as people, animals, plants, natural scenery, etc. Some are based on actual photos, while others are trademarks composed of natural graphics that have been processed, refined, summarized, and exaggerated;
3. Letter trademarks refer to the smallest writing using pinyin characters or phonetic symbols. Units, including trademarks composed of pinyin characters, foreign letters such as English letters, Latin letters, etc.;
4. Digital trademarks composed of Arabic numerals, Roman numerals, or Chinese uppercase numerals; 5. Three-dimensional A logo trademark is also called a three-dimensional trademark. It is a trademark logo composed of a three-dimensional object logo with three dimensions: length, width and height. It is different from the trademark pattern we usually see on a plane, but is made of a three-dimensional material. This form may appear on the appearance of the product, or it may be expressed in the container or other places of the product. This is a new content added to the newly revised "Trademark Law" in 2001, which will make my country's trademark protection system more perfect;
6. Color combination trademarks A color combination trademark refers to a combination of two or more A trademark formed by the arrangement and combination of more than one color. Trademarks composed of words, patterns and colors are not color combination trademarks, but are just general combination trademarks;
7. Combination trademarks (above 1 to 6) refer to two or more components. A combination of trademarks is also called a composite trademark;
8. Audio trademark A trademark that uses a set of music composed of musical notes or a special sound as a product or service is an audio trademark.
For example, a record company in the United States uses 11 notes to form a set of music and records it at the beginning of the tapes they sell as a mark to identify their products. This company applied for registration in order to protect the exclusive rights of its speakers and prevent others from using and copying them. Audio trademarks are currently only recognized in a few countries such as the United States. It cannot be registered as a trademark in my country;
9. Smell trademarks Smell trademarks use a special smell as a trademark to distinguish different goods and services. Currently, this kind of trademark is only recognized as a trademark in certain countries. It cannot be registered as a trademark in our country; 2. Classification by trademark users
1. Product trademarks A product trademark is the mark of a product. It is the most basic form of expression of a trademark. What is usually called a trademark mainly refers to Commodity trademarks; commodity trademarks can be divided into industrial trademarks of commodity producers and commercial trademarks of commodity sellers;
(1) Industrial trademarks: also known as manufacturing trademarks, industrial trademarks, and production trademarks, refer to Trademarks that clearly indicate the producer of the goods are the main form of use by enterprises. This kind of trademark has the same meaning as a "manufacturer's name", which allows the goods produced by the commodity producer to have the producer's mark, thereby distinguishing it from other producers, and conveying to consumers the meaning of the producer of a certain commodity. Information and sources, manufacturing trademarks are the most common in China;
(2) Commercial trademarks: also known as sales trademarks and promotional trademarks, refer to trademarks used by sellers (operators) to sell goods. The focus of this kind of trademark is to promote the mark of the seller of the goods, not the producer of the goods. Those who use this kind of trademark are often commercial enterprises with high reputation and strength. They produce goods with their own trademarks under customized brands, thereby ensuring some credibility to consumers;
2. Service Trademark Service trademark refers to a mark used to distinguish other similar services, such as the marks used by aviation, tour guides, insurance and finance, postal and telecommunications, hotels, television stations, etc., which are service marks. Service mark related issues. . .
3. 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;
4. Unowned trademark. For some reason, the trademark registrant no longer exists. This trademark is an unowned trademark.
3. Classification by trademark use
1. Business trademarks refer to trademarks used by producers or operators to use specific logos or company names on the goods they manufacture or operate. Some people also call this kind of mark "factory mark", "store mark" or "division mark";
2. Certification marks are controlled by organizations with the ability to supervise certain goods or services. Marks used by units or individuals other than the organization for their goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services; such as: green food marks, genuine leather marks, pure Wool mark, electrician mark, etc.;
3. Graded trademark 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 different graphics or text fonts; some have the same graphics, but are distinguished by different colors, different papers, different printing techniques or other signs in order to facilitate the differentiation of different product qualities; and some are Use different brand names or graphics to distinguish them. For example: Shenyang Brewery uses different trademarks to distinguish grades, so it is called grade trademarks;
4. Group trademarks Group trademarks refer to similar goods that are distinguished by variety, specification, grade, price Several trademarks are used for the purpose of distinction, and these trademarks are filed as a group for registration at one time. Group trademarks are similar to hierarchical trademarks;
5. Family trademarks Family trademarks are based on a certain trademark and then combined with various words or graphics to be used by various companies in the same enterprise. Trademarks on similar goods are also called “derivative trademarks”. For example, the American Kodak Company created and derived trademarks such as "KOBACHROME", "KOBAGRAPH" and "KOBASCOPE" based on the "KOBAK" trademark, which are family trademarks;
6. Standby trademarks Standby trademarks are also called storage trademarks , refers to the registration of several trademarks on the same goods or similar goods at the same time or separately. It is not necessarily used immediately after registration, but is stored first and used when needed.
From the perspective of trademark strategy, there are three main considerations for registering a backup trademark: first, although a certain product has not been put into production, it can be used in time once it is put into production without affecting product sales; second, to ensure the reputation of the famous brand trademark, once it is due to a certain For three reasons, when the quality of the goods does not meet the requirements, a backup trademark (so-called sub-label) can be used to temporarily replace it; third, if the brand is damaged, the backup trademark can be replaced in time;
7. Defensive trademarks A defensive trademark refers to a well-known trademark owner who, in order to prevent others from using its trademark on different categories of goods, registers its trademarks on non-similar goods separately. This type of trademark is called a defensive trademark. my country's current Trademark Law has no clear provisions on this type of trademark. According to international practice, such trademarks are generally difficult to register; however, once registered, they will not be revoked by the national trademark authority because they are idle.
8. Joint trademarks Joint trademarks refer to several identical or similar trademarks registered by the same trademark owner on the same or similar goods. Some have similar words and some have similar graphics. These trademarks are called joint trademarks. . After registration of such mutually similar trademarks, it is not necessarily necessary to use them. The purpose is to prevent others from counterfeiting or registering, thereby more effectively protecting one's own trademarks. A joint trademark is dominated by one of the trademarks, which is called the main trademark, also known as the official trademark. Due to the special role and function of joint trademarks, if one of the trademarks is left idle, it will not be revoked by the national trademark authority. Due to the overall role of the joint trademarks being similar to each other, the joint trademarks may not be divided, used or transferred across categories. 9. Advertising trademarks Advertising trademarks are trademarks specifically used for advertising;
IV. Classification by trademark reputation 1. Most trademarks that are ordinary trademarks and do not receive special legal protection when used under normal circumstances; 2. , Well-known trademarks refer to trademarks that are well-known within a smaller geographical scope (such as prefecture-level, city-county-level regions). It is just a complimentary term for certain trademarks that appears more frequently in my country. It is mostly used in the selection of honorary trademarks at the prefecture, city, and county levels in my country, and often appears in local legislation or local administrative legislation; p>
3. Famous trademarks refer to trademarks that are relatively well-known within a certain geographical range (such as provincial areas). It is not an international term, but it is mostly used in the selection of provincial and municipal level reputation trademarks in my country, and often appears in local legislation or local administrative legislation;
4. Well-known trademarks It refers to a trademark that enjoys a high reputation in a large geographical scope (such as national and international) markets, is generally known to the relevant public, has a good quality reputation, and enjoys special legal protection.
5. Classification by whether the trademark is registered or not
1. A registered trademark refers to a trademark that the user of the trademark applies to the State Trademark Office for registration in accordance with legal procedures and is approved for registration after review;
2. Unregistered trademarks are unregistered trademarks that are used on goods or services without trademark registration.
6. Classification according to the meaning of trademarks
1. Meaningful trademarks Meaningful trademarks refer to the words, graphics or combinations of trademarks that express or imply a certain meaning or thing. They are called It is a meaningful trademark. If the words have a certain meaning, it can also be called an allegorical trademark; if the graphics are expressive, it can also be called an referential trademark.
2. Trademarks without meaning A trademark without meaning refers to a mark in which the words, graphics or combinations thereof that constitute the trademark do not directly express any substantive content. Text includes Chinese, foreign languages, Chinese minority languages, Chinese pinyin letters, etc. Graphics refer to abstract patterns such as patterns or geometric figures that do not express any objective things.