Trademark
What is a trademark?
Answer from the official website of the World Intellectual Property Organization: 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 meet their needs.
According to the Trademark Law of the People's Republic of China and the People's Republic of China (2001 Amendment), you can distinguish your own goods (including services) from those of others. Open visibility signs (including text, graphics, letters, numbers, three-dimensional signs and color combinations, and combinations of the above elements). In most cases, a trademark can be used without registration, or registration can be applied for.
What is the function of a trademark?
(What is the role of trademarks? The content is from the official website of the World Intellectual Property Organization) Trademarks are used by ensuring that the trademark registrant has the exclusive right to identify goods or services, or to license others to use them for remuneration. Trademark registrants are protected. The length of protection period varies, but after expiration, the trademark can be renewed for any number of times as long as additional fees are paid. Trademark protection is enforced by the courts, which in most systems have the power to stop trademark infringement. Broadly speaking, trademarks promote a positive and enterprising spirit around the world by rewarding their registrants with recognition and economic benefits. Trademark protection also prevents unscrupulous competitors, such as counterfeiters, from using similar distinctive marks to promote inferior or different products or services. This system enables skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, thereby promoting the development of international trade.
The Trademark Law stipulates that the following signs shall not be used as trademarks:
(1) Identical or similar to the country name, national flag, national emblem, military flag, and medals of the People's Republic of China The name is the same as the name of a specific place where the central state agency is located or the name or figure of a landmark building;
(2) It is the same as or similar to the name, national flag, national emblem, or military flag of a foreign country, Except with the consent of the government of the country;
(3) Identical or similar to the name, flag, or emblem of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;
(4) Identical or similar to official signs or inspection marks indicating implementation of control and guarantee, except those authorized;
(5) Same as "Red Cross" and "Red Crescent" "The name or logo is the same or similar;
(6) It is ethnically discriminatory; (7) It is exaggerated and deceptive;
(8) Harmful to socialist morals or have 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.
However, the following signs shall not be registered as trademarks if they have not been used to obtain distinctive features and are easy to identify:
(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) Lack of distinctive features.
As for the relationship between trademarks and advertising, trademarks are product identifiers and are relatively fixed. Once registered, they are protected by law and cannot be used by others; advertising is used to promote a company or product. , Advertising should be flexibly adopted according to the target of promotion. Of course, it is best to have the trademark of the product in the advertisement, so that others will be more impressed.
1. The relationship between trademarks and product names
Trademarks and product names are closely related and fundamentally different. Only when a trademark is attached to the product package or product and used together with the product name can consumers distinguish the source of the product. The product name is used to distinguish different raw materials and different uses of the product and can be used independently. Trademarks are specific and exclusive, while trade names (except for unique names) are usually public.
2. The relationship between trademarks and product packaging and decoration
Trademarks and product packaging and decoration are also closely related, but they are also essentially different. The similarity between the two is that the trademark is part of the product packaging decoration, and both are used on the product packaging at the same time. The difference between the two is: the function of a trademark is to distinguish different producers or operators of goods; while decoration is to beautify the goods, make them pleasing to the eyes of consumers, and give people a sense of beauty. Trademarks are regulated by the Trademark Law; while decoration is regulated by the Anti-Unfair Competition Law and the Patent Law. The use of registered trademarks cannot be changed at will; while the decoration design style can be changed at will.
3. The relationship between trademarks and industrial designs
Both are industrial property rights and both give people visual effects. However, trademarks are only attached to the packaging or goods, and are not the form of existence of the goods; while industrial designs are the form of existence of the goods. Trademarks are protected in accordance with the Trademark Law; industrial designs are protected in accordance with the Patent Law.
4. The relationship between service marks and corporate names
(l) The constituent elements are different. The company name generally consists of the name of the administrative division, trade name, industry or business characteristics, and organizational form. A trademark can only consist of a distinctive part that distinguishes it from the services provided by others.
(2) Different functions. Service marks only distinguish the origin of different services, while business names can identify the operations of different companies, including services and goods. A company can have multiple trademarks for services or goods, but generally only one company name.
(3) The applicable legal procedures are different. As long as the service trademark does not violate the prohibited provisions of the Trademark Law and does not infringe the exclusive rights of others' trademarks, it can be used without registration, but there is no exclusive right. The company name must be approved and registered by the competent authority designated by the state before it can be used.
(4) The scope of exclusive rights is different. Once a service trademark is approved and registered, it enjoys exclusive rights nationwide. The company name only enjoys exclusive rights within the specified area.
(5) Different forms of expression. Service marks are expressed in the form of words, graphics and their combinations, and company names can only be expressed in words.
(6) The applicable laws are different. The laws regulating business names vary greatly from country to country, while trademarks are regulated by the Trademark Law.
(7) A trademark can be transferred or licensed to others, but a business name cannot be transferred alone or allowed to be used by others.
5. The relationship between service marks and trade names
(1) Service marks only serve to distinguish the source of services, while trade names can not only distinguish the sources of different services, but also distinguish different goods. The source;
(2) Trade names are composed of words, but service marks can be composed of words, graphics or a combination thereof;
(3) Trade names and manufacturer names, It can be used as part of the company name and is registered in accordance with the "Enterprise Registration Management Regulations". When a trade name is used as a trademark, it must be approved and registered in accordance with the "Trademark Law" in order to receive legal protection and enjoy exclusive rights.
Trade names and service marks are part of industrial property rights.
(1) A trademark is a distinctive sign that is different from narrative and publicly known signs as well as other people’s goods or service logo to facilitate consumer identification.
(2) The trademark is exclusive. The purpose of using a trademark is to distinguish the source of goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights and exclusive rights to his trademark, and others may not use it without the permission of the registered trademark owner. Otherwise, it will constitute an infringement of the trademark rights of the registrar and owner and a violation of my country's trademark laws.
(3) Trademarks have value. A trademark represents the quality reputation and corporate reputation and image of the trademark owner's production or operation. The trademark owner makes the trademark valuable and increases the added value of the goods through the trademark's creativity, design, application for registration, advertising and use. The value of a trademark can be determined through an appraisal. Trademarks can be transferred for a fee; others can be allowed to use them with the consent of the trademark owner.
(4) Trademarks are competitive and are tools for participating in market competition. The competition among producers and operators is the competition for the quality and reputation of goods or services, and its manifestation is the competition for trademark visibility. The higher the trademark visibility, the stronger the competitiveness of its goods or services.
An ideal trademark should have five characteristics: identification, communication, aesthetics, adaptability, and contemporaryness.
A Identification Character: It is the most basic function of a trademark. The special nature and function of a trademark determines that the trademark must have a unique personality and no confusion is allowed.
B Conveyability: The more distinctive the personality, the more appealing the visual expression. The stronger the trademark, the deeper the stimulation. Modern trademarks not only play a role in distinguishing goods, but also express certain meanings and convey clear information through trademarks, including the company's business philosophy, product performance and use, etc. From this In a sense, a trademark should be as clear as a signal, easy to recognize and understand.
C Aesthetic: A trademark should be concise, easy to read, easy to remember, and should have concise and clear visual effects and appeal.
D Adaptability: The expression form of the trademark must also adapt to the challenges of different materials, different technologies, and different conditions. No matter how it changes in black and white, color, zoom in or out, systematization and standardization regulations must be respected.
< p>E Times: Trademarks must adapt to the development of the times and make reasonable adjustments at appropriate times to avoid being eliminated by the times.According to the "Reply of the Supreme People's Court on whether the victim of a product infringement case can file a civil lawsuit against the trademark owner of the product as the defendant," the victim of a product infringement case can file a civil lawsuit against the trademark owner of the product as the defendant.
"Supplement" Timeliness of Trademarks
According to Article 23 of the "Trademark Law", the validity period of a registered trademark is ten years, calculated from the date of approval. You can renew and pay the renewal fee six months before the expiration of the validity period. Each renewal is still valid for ten years. There is no limit to the number of renewals. If an application is not made within this period, a 6-month grace period may be granted. If the renewal of registration is not submitted within the extension period, the Trademark Office will cancel the registered trademark and make an announcement.
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Economy, commerce, intellectual property, trademark law, trademark office
Reference materials: < /p>
1. China Trademark Network
Contributors:
The legendary Xiaopang, Yu Yan Huayue, aafeng008, Zizhitong, leader, Shaanxi Commercial Institute, Shandong Trademark Registration
This entry is mentioned in the following entries:
Green food mark, CIS, O'Neill, intellectual property, brand, Paris Convention, moon cake, trademark beautification, Trademark strength, mark, Xuande Lu, possibility of confusion, trademark registration certificate, Baoshuo, brand value, Swiss Army Knife, calligraphy, administrative liability for trademark infringement, Internet domain name, Remy Martin, Paradise Umbrella, TM, principles for obtaining trademark use, Well -Known Mark, Starbucks, Universal Mark, Nippon Television, Mark Trademark, Trademark Registration Certificate, Chinese Enterprise Trademark Appraisal Center and more>>
The explanation of "trademark" in the Chinese-English dictionary (Source: Baidu Dictionary ):
1. a trademark; a brand label; a brand; a logotype; a logo
Comments on this entry (***4): View more Comments>>
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·Very well said! biaoyitong 09-15 14:16
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