Joint trademarks generally refer to several similar trademarks registered by the same trademark owner on the same or similar goods. Among these trademarks, the one registered first or mainly used is the main trademark, and the rest are joint trademarks. The purpose of registering a trademark is to obtain the exclusive right to use the trademark through legal protection, use the trademark on goods or services, and strive to create your own trademark brand. In order to achieve this goal and ensure their own interests, companies often formulate some trademark strategies that suit their actual characteristics. For example, one of the more commonly used methods is to register defensive trademarks based on currently used registered trademarks. These strategic registered trademarks usually include "joint trademarks", "defensive trademarks", etc.

Everyone should know that after a trademark is successfully registered, especially after it becomes famous, other similar trademarks will often appear intentionally or unintentionally on the same or similar goods. In China, which has a vast territory, many enterprises, a late start to the market economy, and people's awareness of trademark law is in the "primary stage" and is still very immature, this phenomenon is inevitable. In addition, because different individuals have different intuitive feelings about the pronunciation, meaning, implication, composition, etc. of the words and graphics formed by the trademark, different subjective judgment results will appear. Therefore, it is very complicated to accurately judge whether two or more trademarks are similar. , so it is quite difficult.

Although, for these situations, according to the relevant provisions of the "Trademark Law", through the National Trademark Office, the Trademark Review and Adjudication Board for objection, dispute, improper cancellation of registration, or through the industrial and commercial administration department for "Anti-Unfair Competition" Law (September 2, 1993) and other legal means to solve the protection problem. However, this kind of protection is always passive, and its scope is limited. For enterprises, it requires long-term and huge efforts, especially cases such as objections, disputes, and improper cancellation of registration, which can take at least 2 years. The above and even more, if you are not careful, it is very likely that all previous efforts will be wasted and the impact will be huge. Therefore, the purpose of registering a joint trademark is not to use each of the registered trademarks, but to build a firewall around the main trademark to play a proactive role in preventing others from registering and using similar trademarks, and to prevent those with impure motives from registering and using similar trademarks. No gap to take advantage of. At the same time, these trademarks can also serve as a reserve of trademarks. Once the market needs it, the trademark strategy can be proactively and conveniently adjusted and backup trademarks launched.

Although joint trademarks are not expressly stipulated in China’s Trademark Law, the current provisions of Article 25, Paragraph 2, of the current “Trademark Law Implementation Regulations” (August 3, 2002 edition) It contains the meaning of a joint trademark and has been applied objectively and substantively. Since a joint trademark is a related group of several similar trademarks, they can only belong to one trademark owner and cannot be divided and transferred; at the same time, as long as one trademark among the joint trademarks is used, it can be regarded as all joint trademarks being used. Therefore, Unused trademarks among joint trademarks are not subject to the provisions of Article 49 of the Trademark Law, which stipulates that "if the trademark ceases to be used for three consecutive years," the trademark may be revoked.