Legal subjectivity:

Article 63 of the Trademark Law stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement. ; If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement. When hearing trademark dispute cases, the People's Court shall, at the request of the obligee, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; and order the destruction of materials and tools mainly used to manufacture goods with counterfeit registered trademarks without compensation. ; Or under special circumstances, be ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation. Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks. 1. Fees must be paid when applying for trademark registration and handling other trademark matters. It is a common practice internationally to require parties to pay fees when handling trademark matters. This is because trademark registration, management, and review authorities need to pay a lot of costs when reviewing trademark registration applications or handling other trademark matters. In addition, it stipulates that fees should be paid when handling trademark matters, that is, requiring trademark owners to pay a certain cost when obtaining and protecting their trademark rights, which will help trademark owners to more actively maintain the quality of their goods and services using registered trademarks. and reputation, and protect its trademark exclusive rights from infringement by others. 2. The specific charging standards for handling trademark matters will be determined separately. Since there are many steps in trademark registration, management and re-examination, which businesses are more suitable to pay fees and how to set the standards for charging fees are more complicated. In addition, charging standards also need to be adjusted as the situation changes, so it is more appropriate not to make specific provisions in this law. Therefore, this article stipulates that the specific fee standards for applying for trademark registration and handling other trademark matters will be determined separately. According to the current actual practice, the fee standards for applying for trademark registration and handling other trademark matters are jointly formulated by the State Planning Commission and the Ministry of Finance. They mainly include fees for accepting trademark registrations, accepting transfers of registered trademarks, and accepting trademark renewal registrations. Fees, trademark review fees, trademark certification fees, trademark opposition fees, trademark cancellation fees, trademark license contract filing fees, etc. Trademarks can be divided into eight categories according to different standards and perspectives. 1. According to the composition of trademarks, they can be divided into word trademarks, graphic trademarks, and graphic and text combination trademarks; 2. According to the use and function of trademarks, they can be divided into commodity trademarks or service trademarks; 3. According to the owner of the trademark , classified according to different users, it can be divided into manufacturing trademarks, sales trademarks, and collective trademarks; 4. Classified according to the management of trademarks, generally divided into registered trademarks and unregistered trademarks; 5. According to the use of trademarks by trademark users According to the motive of use, it can be divided into joint trademarks, defensive trademarks and certification trademarks; 6. According to the meaning of the trademark, it can be divided into meaningful trademarks and non-meaningful trademarks; 7. According to the way of using the trademark, it can be divided into Main trademark, sub-trademark, product group trademark, specific product trademark; 8. According to the carrier classification of the trademark, it can be divided into two-dimensional trademarks, three-dimensional trademarks, audio trademarks and scent trademarks; legal objective:

Eleventh The following signs shall not be registered as trademarks: (1) Only the common name, graphics, and model of the product; (2) Only directly indicating the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product; ( 3) Lack of distinctive features. If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks. Interpretation This article is a provision on prohibited signs for registered trademarks. 1. According to Article 9 of this Law, the trademark applied for registration shall have distinctive features and be easy to identify.

Recognizability is the basic characteristic of a trademark. Producers and operators use trademarks to promote their own goods and services, and consumers use trademarks to distinguish the goods and services of different producers and operators. If a trademark does not have distinctive features, it will not be able to fulfill the function of a trademark, and it will not be a trademark. 2. Paragraph 1 of this article stipulates that any mark that only has the common name, graphics, model of the product, or that only directly represents the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product and lacks distinctive features shall not be used as a mark. Trademark registration. Its purpose is to ensure the recognizability of the trademark. Because the signs listed in this article are registered as trademarks, they lack distinctiveness and cannot distinguish the goods and services of different producers and operators. For example, "teapot" is a common name for a tea set. If it is used as a trademark, it lacks distinctiveness. Consumers cannot tell which company produces the "teapot" through this trademark. In addition, if the signs listed in this article are allowed to be registered as trademarks and used exclusively, it will be unfair to other producers and operators of similar goods. 3. There are two ways to obtain the distinctiveness of a trademark: one is to make the trademark distinctive through the careful design of the trademark components; the other is to make the trademark distinctive through use and gain public recognition. In practice, there are indeed some trademarks that were originally non-distinctive and have become distinctive after use, such as "Liangmianzhen" toothpaste, "Sanqi" Diedai Pills, etc. It is a common international practice to grant registration protection to trademarks that have acquired distinctiveness through use. Article 15, Paragraph 1, of the Agreement on Trade-Related Aspects of Intellectual Property Rights stipulates that even if some marks cannot originally distinguish the relevant goods or services, members can confirm whether they can be registered based on the identification they have acquired through use. This provision indicates that a mark that is not distinctive but has acquired distinctiveness through use can be registered as a trademark. According to common international practices and combined with my country's practice, paragraph 2 of this article stipulates that signs listed in the previous paragraph that have acquired distinctive features through use and are easy to identify may be registered as trademarks. This provision not only clarifies that signs cannot be registered as trademarks, but also makes up for the past shortcomings of being distinctive through use and not being protected by registration. It will have a positive impact on strengthening my country's trademark registration management, maintaining fair competition, and encouraging enterprises to create famous brands. promotion effect.