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What are the objects of trademark rights?

The objects of trademark rights can be divided into different categories according to different classification standards:

1. According to the different objects of use, trademarks can be divided into commodity trademarks and service trademarks.

1) Product trademark. A commodity trademark is a sign that indicates the source of a commodity. It can distinguish the same or similar products produced by different companies. Article 4 of the Trademark Law stipulates: “Enterprises, public institutions and individual industrial and commercial individuals who need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office for commodity trademark registration.”

2) Service marks. The so-called service trademark refers to a mark used by service providers to distinguish their own services from those of others. The services mentioned here refer to intangible services, such as services provided by the advertising industry, insurance industry, banking industry, real estate industry, transportation industry, audio and video rental industry, restaurants and other industries. Services are not limited to for-profit services, but also include non-profit services, such as services provided by non-profit institutions such as hospitals and schools.

Services provided by enterprises, institutions and individual businesses. If you need to obtain the exclusive right to use a trademark, you should apply for service trademark registration with the Trademark Office. Since service marks are very similar in nature to commodity trademarks and are basically subject to the same standards, the protection of service marks can sometimes be introduced into existing trademark laws through very brief amendments.

2. According to different purposes of use, trademarks can be divided into defensive trademarks, certification trademarks and collective trademarks.

1) Defend trademarks. A defensive trademark is a trademark that the registrant not only does not use, but also prohibits others from registering or using. The defensive trademark system is a special measure taken to protect well-known trademarks. Our country has not established such a system.

2) Certification trademark. Certification trademarks are controlled by an organization that has the ability to detect and supervise certain goods or services, and are used on goods or services by people other than them to prove the origin of the goods or services. Trademarks or service marks for raw materials, manufacturing methods, quality, precision or other specific qualities, such as genuine leather marks and green food marks.

The characteristic of a certification mark is that the registrant himself cannot use it, but can only be used by others who meet certain conditions and perform certain procedures. Anyone who meets the conditions stipulated in the management rules for the use of certification marks can use the certification mark after completing the procedures specified by the registrant. If the goods or services provided by the party meet the conditions specified in the certification trademark, the registrant shall not refuse its use. "The registrant of a certification mark shall not use the certification mark on the goods or services he provides."

3) Collective trademark. Collective trademarks refer to commodity trademarks or service trademarks used by members of industrial and commercial groups, associations or other collective organizations to indicate that the operators of goods or service providers belong to the same organization. All members of the collective trademark registrant may use the collective trademark, but must complete necessary procedures in accordance with the management rules for the use of the collective trademark.

3. According to the level of popularity and the scope of protection, they can be divided into ordinary trademarks and well-known trademarks. Depending on their legal status, both can be further divided into registered trademarks and unregistered trademarks.

For ordinary trademarks, only registered trademarks can obtain legal protection. Unregistered trademarks are generally not protected by law. Well-known trademarks can obtain legal protection regardless of whether they are registered or not. However, registered well-known trademarks can often obtain a wider range of protection than unregistered well-known trademarks.

4. According to different components or states, it can be divided into visual trademarks, auditory trademarks (sound trademarks) and taste trademarks (smell trademarks).

This is a more commonly used division method. At this stage, my country does not accept registration applications for auditory trademarks and taste trademarks. Visual trademarks include two types: flat trademarks and three-dimensional trademarks. my country only accepts registration applications for flat trademarks, and three-dimensional trademarks have not yet been registered and protected.