1. Applicable laws and regulations are different

In my country, the legal relationship of trademarks is mainly regulated by the "Trademark Law", "Trademark Law Implementation Regulations" and other laws and regulations, while the legal relationship of special signs Adjusted by the "Regulations on the Management of Special Signs" promulgated by the State Council in 1996, in addition to different special signs, different separate regulations will be formulated to regulate them, such as the "Regulations on the Protection of Olympic Symbols", "Measures for the Protection of Asian Games Symbols", " Regulations on the Protection of World Expo Marks, etc.

2. Different natures

(1) One of the most significant differences between special signs and trademarks is whether they are for profit.

Trademarks are producers, operators A commercial mark used by a trader to distinguish his or her own goods or services from those of others. According to Article 4 of the Trademark Law, if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply to the Trademark Office for trademark registration. It can be seen that trademarks are used in production and business activities, that is, in for-profit commercial activities. The entities that use trademarks and apply for registration are usually for-profit.

According to the provisions of Article 2 of the "Regulations on the Administration of Special Signs", special signs refer to those used in national and international cultural, sports, scientific research and other social welfare activities approved by the State Council. , names and abbreviations, emblems, mascots and other signs composed of text and graphics. Based on the analysis of the meaning of this article, the scope of use of special signs is limited to culture, sports, scientific research and other social welfare activities, and it is public welfare, or non-profit. Article 6 of the Regulations on the Management of Special Signs stipulates that if the organizers or preparers of social welfare activities need to protect the names, emblems, mascots and other special signs they use, they shall submit a registration application to the industrial and commercial administration department of the State Council. . This article clarifies that the subject of special sign registration application can only be the organizer or preparer of social welfare activities, and the owner of special signs can only be a non-profit organization.

(2) The use of special signs for commercial activities does not change the non-profit nature of special signs

According to Article 13 of the "Special Signs Management Regulations", the owner of special signs can Use the mark on advertisements, souvenirs and other items related to its public welfare activities, and allow others to use the mark on goods or services approved by the industrial and commercial administration department of the State Council. It can be seen that although the special mark is non-profit, it can be used on related advertisements, souvenirs and other items, and can also be used by others. The "others" here include for-profit entities. Therefore, special signs can play the same role as trademarks in distinguishing goods or sources. The "Special Signs Management Regulations" also require special signs to avoid confusion with registered trademarks. However, from the perspective of the purpose of the establishment of the special sign system, it is still to promote the development of culture, sports, scientific research and other social welfare activities. Although the special sign can be used for commercial activities, it is not inconsistent with the non-profit nature of the special sign.

3. Different approval procedures

According to the provisions of the Trademark Law, if you need to obtain the exclusive right to register a trademark, you must apply for trademark registration to the Trademark Office. If it complies with the relevant provisions of the Trademark Law, A preliminary review announcement will be made. During the announcement period, qualified entities can file an objection, and the Trademark Office will review whether the objection is valid and then make a decision on whether to approve registration.

According to the "Regulations on the Administration of Special Signs", the review agency only examines whether a special sign violates the prohibition on registration stipulated in Article 4 of the "Regulations on the Administration of Special Signs". If the review is passed, it can be registered. Whether it is Infringe the prior rights of others without asking any questions. Therefore, there is no preliminary announcement period for special sign registration, and there is no objection procedure. If there is any damage to the prior rights of others, the prior rights holder or interested party may request to declare the special mark registration invalid after the special mark is registered.

4. Different deadlines

The various deadline regulations related to special signs are obviously different from the deadline regulations for registered trademarks.

A trademark registration application, if no one raises an objection, requires about a nine-month review period and a three-month preliminary announcement period, so it can take up to one year to approve the registration. If objections are encountered, a review period of more than one year will be required. If the opposition Trademark Office decides not to register the trademark, and the applicant undergoes a review of the denial of registration or even administrative litigation, the approved registration of the trademark will be far away.