Trade mark is a specialized legal term. After a brand or part of a brand is registered by the relevant government departments in accordance with the law, it is called a "trademark". Trademarks are protected by law, and the registrant has exclusive rights.
Famous trademarks in the international market are often registered in many countries. There is a distinction between "registered trademarks" and "unregistered trademarks" in China. Registered trademarks are trademarks that are protected by law after being registered with relevant government departments. Unregistered trademarks are not protected by trademark laws.
A trademark is a mark used to distinguish one operator’s brand or service from the goods or services of other operators. my country's Trademark Law stipulates that for trademarks approved and registered by the Trademark Office, including commodity trademarks, service marks, collective trademarks, and certification marks, the trademark registrant enjoys exclusive rights to the trademark and is protected by law. If it is a well-known trademark, he will obtain a cross-category trademark. Legal protection of exclusive rights.
Answer from the official website of the World Intellectual Property Organization (WIPO): A trademark is a distinctive sign that identifies a product or service as being produced or provided by a specific individual or enterprise.
The origins of trademarks date back to ancient times, when craftsmen imprinted their signatures or "marks" on their works of art or utilitarian products. Over the years, these marks evolved into today's trademark registration and protection system. This system helps consumers identify and purchase a product or service because the nature and quality of the product or service indicated by the unique trademark on the product or service meets their needs.
According to the Trademark Law of the People's Republic of China (2013 Amendment), signs (including text, graphics, letters, numbers, sounds, etc.) that can distinguish one's own goods or services from those of others , three-dimensional logos and color combinations, and combinations of the above). Extended information
Prohibited Terms
1. The Trademark Law stipulates that the following signs shall not be used as trademarks:
(1) Same as those of the People's Republic of China and the People's Republic of China The name of the country, national flag, national emblem, military flag or medal is the same or similar, as well as the name of a specific place where the central state agency is located or the name or figure of a landmark building;
(2) The same as that of a foreign country The name, national flag, national emblem, or military flag of a country is the same or similar, except with the consent of the government of that country; (3) The name, flag, or emblem of an intergovernmental international organization is the same or similar, except with the consent of the government of that country Except with the consent of the organization or if it is not likely to mislead the public;
(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
(5) The same or similar names or symbols as the "Red Cross" or "Red Crescent";
(6) Ethnic discriminatory;
(7) Exaggerated and deceptive propaganda;
(8) Harmful to socialist morals or having other adverse effects.
Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
A collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
A certification mark is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. origin, raw materials, manufacturing methods, quality or other signs of specific quality.
2. The following signs shall not be registered as trademarks:
(1) Only the common name, graphics and model of the product;
(2) Only Directly expressing the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Other 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.
3. Copying, imitating or translating other people’s well-known trademarks is prohibited:
A trademark applied for registration on the same or similar goods is copying, imitating or translating other people’s well-known trademarks that have not been registered in China. Trademarks that are likely to cause confusion will not be registered and are prohibited from use.
If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.
Baidu Encyclopedia-Trademark