Trademarks not only distinguish the origin of goods or services, but also carry the goodwill generated by the company's long-term operations. When consumers purchase a product or receive a service in the market, they often first judge the provider through the trademark. Then when judging whether the product or service is consistent with its price, the provider will be considered in the relevant industry. The influence and popularity are “goodwill” within the meaning of trademark law. "Goodwill", as a value hidden in a trademark, will inevitably have its attribution and continuation.

1. Requirements for the continuation of goodwill of a trademark

In the practice of handling trademark cases, issues regarding the continuation of trademark goodwill are often encountered. In this regard, the "Beijing Senior The People's Court's Guidelines for the Trial of Administrative Cases of Trademark Authorization and Confirmation stipulate that: the trademark registrant's basic registered trademark has gained a certain degree of popularity through use, thus causing the relevant public to apply for registration of the same or similar goods later on. Or if a similar trademark is associated with its basic registered trademark, and it is believed that the goods using both trademarks come from the trademark registrant or have a specific connection with it, the commercial reputation of the basic registered trademark can be continued on the trademark applied for registration later. From the above provisions, we can see that the exclusive right of the trademark owner to the trademark is relatively independent, and the continuation of its goodwill does not arise naturally, but requires certain conditions to be met. In order for the goodwill of the basic trademark to be sustained, the basic registered trademark must first have formed a certain influence and popularity in the market, that is, it has obtained "goodwill". Only under the premise of the objective existence of "goodwill" can the basic trademark exist. The question arises as to whether it can be continued. Secondly, how to extend “goodwill”? For the "goodwill" that has been formed to continue smoothly, the basic trademark must have a specific connection with the later trademark. In other words, when consumers see the later trademark, they will naturally associate it with the earlier basic trademark. , the factor that connects the two is attributed to similar trademarks on similar goods. Only when the above conditions are met at the same time can "goodwill" be continued legally and reasonably.

2. The impact of goodwill continuation in market practice

In a diversified market environment, competition among similar products is often like a carp crossing a river. Once an emerging product As it becomes a consumer hotspot, many operators will quickly rush to manufacture it and derive a series of related products. The process of building a brand requires a huge investment of human, material and financial resources. Through long-term use and promotion, the company has established a certain degree of popularity and influence in the market. At this time, if it hopes that the new product can quickly enter the market and occupy To increase market share, you need a trademark that can inherit the goodwill of its previous brand. The advantage of this is that it can enable new products to gain maximum consumer appeal in the shortest time and with the smallest monetary cost.

For example, a certain brand of computer products, professional mice, speakers, keyboards and other external equipment have gained a high reputation in the long-term operation. At this stage, the operators hope to Create a high-end series brand based on one of the above products. At this time, if you create a brand new brand on these mice, speakers and other products, it is necessary to invest an equal amount of money and time in repeated publicity and promotion, so that the new brand's products will have the same reputation as the previous brand products. Notability and influence. By designing a new trademark based on the existing brand to promote new products, we can avoid the waste of repeated investment in new trademarks because consumers already use the products of the existing brand. The factor of recognition will often extend this recognition and trust to the products using its new trademark, making it easier to choose to buy products with the new brand logo.

3. Misunderstandings about the continuation of goodwill

While the continuation of goodwill can bring many benefits to enterprises such as saving manpower, material resources, time costs, etc., operators can also We often fall into various misunderstandings.

The following introduces several common situations:

The first misunderstanding: for an unused trademark, or a trademark that has been actually used but has not become famous, the "goodwill" can be extended to a later application for registration. on the trademark.

The second misunderstanding: a certain brand of product has already gained a certain popularity in the market. Some operators will think that the popularity and influence of the trademark have become one with the enterprise itself. , forming a one-to-one correspondence relationship. As the same company launches another brand-new and different trademark, it should also inherit the popularity and influence of the previous brand.

The third misunderstanding: a trademark that has been used on one product has already gained a very high reputation, so using a trademark with the same or similar design on another completely unrelated product will cause the logo to If the identification elements are identical or similar, the goodwill of a previously used trademark shall be extended to the use of the trademark on other unrelated goods.

The fourth misunderstanding: Adding elements at will on the basis of a prior trademark is legal and reasonable, and the goodwill will certainly continue.

The reason for the above misunderstandings is that operators ignore the three conditions required for the continuation of goodwill to be met at the same time. In the review of trademark authorization and confirmation cases by the Trademark Office or the Trademark Review and Adjudication Board, if any of the above conditions is missing, the claim regarding the continuation of goodwill will not be supported. In order to avoid unnecessary losses caused by the above misunderstandings to operators, the prior trademark must first enjoy "goodwill", that is, it has formed a certain degree of popularity and influence in the market through use, which is a prerequisite. At the same time, in judicial practice, there are higher requirements for the continuation of prior goodwill. The degree of similarity between two trademarks must be "basically the same". In terms of similar goods, it is also required that the goods belong to the approved use of the prior trademark. Within the limit of "the same product or similar product". While meeting the above conditions, one issue that requires special attention is that the trademark with newly added elements cannot conflict with other prior rights, otherwise there will also be the risk of infringement.

Conclusion

The continuation of goodwill can enable enterprises to save a lot of manpower, material resources, Financial resources can make the best and most reasonable use of resources. However, if the continuation of goodwill cannot be accurately understood, it will undoubtedly be counterproductive.

Provided by Shiyu Xincheng Intellectual Property