Introduction: Vacation is an opportunity to escape the busyness, relax and experience a different style. No matter where we go, accommodation is always the first problem we need to solve on vacation! No matter where you live Hotel, in fact, you have enjoyed the convenience brought by various intellectual property rights, but you just didn't notice it. I have seen countless vacation guides. Let’s take a look at the IP guide today to see what intellectual property protection issues are involved in the hotel industry!

Vacation is about escaping from busyness, relaxing body and mind, and experiencing a different style. Chance. Like the National Day holiday that just passed, I don’t know if you are stuck in a sea of ??people squeezing others and being squeezed by others at the same time, or are you hiding in some unknown niche attraction to feed pigeons or be in a daze?

And? No matter where we go, accommodation is always the first problem we need to solve on vacation!

So no matter which hotel you stay in, you have actually enjoyed the convenience brought by various intellectual property rights, but you just didn’t pay attention. Just arrived.

Having seen countless vacation guides, let’s take a look at the IP guide today to see what intellectual property protection issues are involved in the hotel industry!

Trademarks

For hotel trademark protection, most people may think that it is enough to register a category 43 for catering and accommodation.

But in fact, just such a service option category cannot protect so many aspects. Based on the current trademark usage of domestic hotels, it is best to register and protect in multiple categories.

For example:

① In addition to providing catering and accommodation, a very important service of a hotel is reservation service. However, the service options for online reservation and telephone reservation are not in Category 43, but It is in Category 38;

At the same time, some large-scale hotels may also have SPA, KTV, gym and other high-end ancillary services. If you want to use the trademark on these services, you also need to apply in Category 44. Trademark registration is required for massage, beauty services, Class 41 KTV, gym and other entertainment service options.

② Some domestic hotels are equipped with employee uniforms. In order to highlight the hotel brand, the hotel will use the trademark on the uniform. At this time, the trademark can be registered in 25 categories of clothing;

③Many hotels also like to use their trademarks on toilet paper (Category 16), cutlery (Category 8), cups and plates (Category 21), toothpicks (Category 21), tablecloths (Category 24), etc. Details are where they are.

On the one hand, it quietly demonstrates the hotel brand, and on the other hand, it also brings a certain sense of belonging and ritual to guests through this integrated "supporting facilities". And these cannot be protected by applying for a single category 43.

④ Some star-rated hotels may also provide some packaged snacks, mineral water and other foods with the hotel's trademark.

Then processed meat, fish, fruits and vegetables in Category 29, coffee and tea convenience foods in Category 30, mineral water, soda and even some alcoholic drinks in Category 33 can all be considered for trademark application. protected.

Patents

Generally speaking, hotels independently apply for invention patents and utility model patents to protect their service systems and management systems, such as some electronic ordering systems, Multimedia service systems, access control and monitoring systems that require the application of electronic equipment, etc.

As for those commonly used products in the hotel industry, such as a new type of bed sheet, a professional mattress, etc., most hotels will choose to purchase such products. However, if a hotel has the conditions to carry out this type of research and development, it can of course also apply for patent protection for inventions or utility models.

The hotel industry also involves using the appearance of hotel buildings to apply for design patent protection.

Of course, buildings that are dependent on specific geographical conditions and lack "reproducibility" cannot be authorized. That is to say, those resort hotels that include landscapes and landscapes despite their special design style will not be the same in appearance. Novelty and uniqueness will not be eligible for copyright.

It is also worth noting that there was once such a case: a travel website called Yilong Travel Network mentioned in its promotion that it had submitted a patent to the State Intellectual Property Office for its "hotel bargaining" business model. Apply.

But in fact, whether the business model belongs to the rules and methods of intellectual activities and therefore cannot be authorized has always been a focus of debate in the industry.

As far as the current situation in our country is concerned, it is impossible to obtain patents for pure business models. However, if the model needs to be realized through certain technical means, or achieved using certain technologies (such as the use of IT technology, If you have a unique data processing process or even related hardware), you can try to apply for a patent.

Copyright

The hotel industry involves copyright issues, most of which are derived from trademarks and patents.

For example, if the hotel trademark contains original graphics, the copyright of the art work can be registered; if some computer software systems derived from the electronic management system are developed by themselves, the computer software copyright can also be registered, etc.

In addition, some photography works independently taken by the hotel for advertising purposes can also be registered for copyright.

As for the hotel building itself, the current legal regulations on architectural works in our country are not very sound. Architectural design involves originality, replicability and aesthetic significance before it can be regarded as an architectural work and thus possess copyright. Whether a hotel's architectural design can be copyrighted needs to be judged based on the specific circumstances.

At the same time, even if you can own the copyright, the ownership of the personal rights and copyright property rights of the architectural design still need to be negotiated between the builder and the designer in the contract.

During the National Day this year, the number of people traveling abroad reached a record high, reaching 593 million. This shows how rapidly the tourism market is developing.

As the leading pillar of the tourism industry, the hotel industry is still taking advantage of holidays to temporarily seize profit opportunities to realize profits. In this market where products and services tend to be homogeneous, it is nothing more than just a hotel industry. This kind of opportunism may not be able to realize the vision of long-term development of the enterprise.

To truly remain invincible in the fierce competition, it is more reliable to take the path of sustainable development.

As for brands with intellectual property rights, their registered trademarks, stereotyped technologies, business methods, operating procedures, reservation systems and procurement networks and other intangible assets serve as a kind of soft power in enhancing the market competitiveness of the hotel industry. There is no doubt that its role is becoming more and more important, and it is increasingly worthy of attention and consideration by people in the industry.