In the practice of trademark agency, we often encounter situations where applicants want to register their business names as trademarks, but are told that they cannot register. Why is this?

Myth 1: Company name = trademark

Wrong!

Some people will say that I have registered my name with the Industrial and Commercial Bureau! In fact, the company's name and trademark are two different things.

Trademark: It is the only sign that distinguishes the source of similar products or services. Similar products nationwide can only have one trademark name. A trademark is composed of words, graphics, letters, numbers, three-dimensional logos, color combinations or a combination of the above elements.

Company name: It is the industrial and commercial business license that the company needs to apply for legal operations. A company name generally consists of four parts: administrative division + font size + industry characteristics + organizational form.

For example: Xiamen XX Financial Management Co., Ltd.

Myth 2: A company has only one trademark

Wrong!

Many friends will ask this question when registering a trademark, can my company only have this one trademark?

In fact, for companies, there is no limit to the number of trademarks. A company can have many brands (the brand name does not have to be registered with the company name). The registered brand product category is not subject to the business license Scope constraints.

The same applies to individual business owners, who can register multiple trademarks under their name.

For example: Kangxian XX Native Products Trading Co., Ltd. has brands: Kanger, Yangba, Meiyuangou, Yangba Erlaoke, etc.

Myth 3: The company name is related to the brand

Wrong!

Company name: It is the name of a company. It is crucial to the future development of an enterprise, because the company name is not only related to the influence of the enterprise in the industry, but also to the enterprise. After the products it operates are put on the market, consumers recognize the company.

Registered trademark: refers to a brand or part of a brand that has obtained exclusive rights and is protected by law. A registered trademark is a sign that identifies a certain product, service, or a specific person or company related to it.

The importance of registered trademarks

Generally speaking, the visual perception of commercial brands is important, but a good brand is the first step in enterprise development. Many people believe that a company's logo, pattern and name are trademarks and are sacrosanct, but they neglect the protection of the brand.

For example:

When Shanghai's "Antarctic" thermal clothing hired celebrities such as Ge You to endorse advertising, it can be said that it was quite successful. When I thought it was safe, I ignored the knowledge. Property rights laws were ignored and Antarctica did not apply for trademark registration. As a result, Sichuan people registered first, and in the end Nanjiren Company had to spend a lot of money to buy back its "Nanjiren" trademark.

Because "Momo" failed to register the Momo trademark in time, it encountered a trademark infringement raid before its listing in 2014, which almost delayed the listing process.

Because “Didi Dache” failed to pay attention to the trademark issue, the defendant infringed and compensated the other party 80 million, and finally officially changed its name to “Didi Dache”.

Apple competed with Shenzhen Proview for the "ipad" trademark, and ultimately spent US$60 million to buy back the trademark. What a penny worth!

It seems that many companies have spent money to learn lessons on the issue of trademarks. Trademark registration is very important, so where is the specific manifestation?

Five reasons for registering a trademark

1. It makes it easier for consumers to recognize the brand for shopping

Trademarks can be text or design graphics. When our products are launched on the market Finally, it can attract the attention of consumers, consumers can easily identify the brand, and they can look at the brand to purchase, forming a own brand image.

2. Registered trademarks enjoy exclusive rights

When we register a trademark, we enjoy the exclusive rights of the trademark. Others cannot use the same or similar trademarks. In this way, we protect the own product brand.

3. Trademarks are the passport to the market

At present, Tmall and large shopping malls have very high requirements for trademarks. Products without registered trademarks will be subject to entry restrictions. Without registered trademarks, It is difficult to open the market.

4. Trademark is an intangible asset

As your company grows bigger, your trademark will become more valuable.

A trademark is an intangible asset that we can buy, sell, authorize, transfer, or use as a security interest for financing. Unregistered trademarks will not enjoy these rights and interests.

5. Trademark is a medal for employees

Enterprise development is inseparable from the joint efforts of leaders and employees. When the corporate brand becomes stronger and bigger, employees can improve Their sense of honor, achievement, responsibility, belonging, mission and growth will enable the company to develop better.

What are the dangers of unregistered trademarks?

1. A company without a registered trademark is like running naked, not infringing, but on the way to infringement!

2. The most fatal weakness of a trademark used by an enterprise without registration is that the trademark user does not have exclusive rights to the trademark.

Once someone else registers the trademark first, the first user of the trademark can no longer use the trademark. According to my country's Trademark Law, the original exclusive right to a trademark can only be obtained through trademark registration. When applying for trademark registration, the first-to-file principle is adopted. That is, for an unregistered trademark, whoever applies for registration first will have the exclusive right to the trademark. Grant it to whomever. Therefore, no matter how long a company uses a trademark, if it does not register the trademark, as long as someone else applies for registration of the trademark, the exclusive right to use the trademark will be granted to others.

An unregistered trademark may be identical or similar to a registered trademark used on the same or similar goods, resulting in infringement. When new applications for trademark registration are made without prior inquiry, the rejection rate is almost 70%. That is to say, if an unregistered trademark is used, the probability that the trademark is the same as or similar to a registered trademark used on the same or similar goods is 70%. In other words, using an unregistered trademark has a 70% chance of infringement.