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What is the difference between a joint trademark and a defensive trademark?

The difference between joint trademarks and defensive trademarks is as follows:

1. The difference in trademark identification: A joint trademark is a group of trademarks that are different but similar to its registered main trademark. A joint trademark can Registered separately, but each trademark cannot be transferred separately, but must be transferred as a whole joint trademark, as well as the license to use the joint trademark; the defensive trademark is the same trademark as the registered trademark;

2. Differences in registration categories: The registration of a joint trademark is on the same or similar goods as the goods approved for use by the main trademark; the registration scope of the defensive trademark is generally different from the scope of application of the main trademark, and is in other categories of goods and services Project;

3. The difference in the difficulty of obtaining registration: the registrant of a joint trademark is not necessarily the owner of a well-known trademark; the registrant of a defensive trademark is generally the owner of a well-known trademark, and the application is relatively Difficult to obtain approval;

4. Differences in the application of the three withdrawal clauses: Unused trademarks in joint trademarks are not subject to the relevant regulations that "if the trademark has been stopped for three consecutive years," the trademark may be revoked. ; A defensive trademark “stopped from use for three consecutive years” may be revoked.

The joint trademark is transferable. When the joint trademark is transferred, it must be transferred as a whole and cannot be assigned for transfer.

Defensive trademarks refer to companies covering more goods or services with their registered trademarks, or registering their own trademarks as joint trademarks with patterns and words similar to the sounds. There are two main ways to defend a trademark, one is cross-category defense and the other is same-category defense.

Article 11 of the "Trademark Law of the People's Republic of China" The following signs shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product

(2) Only directly express 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.