Classification according to the legal characteristics of trademarks

Registered trademarks

Any trademark registered by the trademark administrative agency is called a registered trademark. Trademark rights only include property rights. It does not include personal rights. That is, trademark rights only include the right to use. Transfer rights, inheritance rights, etc., do not include the publishing rights and signature rights of trademark designers. (The other two main contents of intellectual property rights, such as patent rights and copyrights, include personal rights and property rights).

Unregistered trademarks

Unregistered trademarks can also be used, and disputes rely on judicial protection.

Classification based on the form of trademark content

Word trademarks

The so-called "word trademarks" refer to trademarks consisting only of words, including Chinese characters and ethnic minority characters, foreign characters and Arabic numerals or trademarks that are a combination of various characters.

Graphic trademarks

The so-called graphic trademarks refer to trademarks consisting only of graphics.

This kind of trademark is colorful and ever-changing, and can be composed of various animals, plants, geometric figures and other graphics. Graphic trademarks are characterized by being relatively intuitive, highly artistic, and full of appeal. Another major feature of graphic trademarks is that they are not restricted by language. No matter which language people speak, they can generally be understood. Some people can call out their names at a glance, and some can still leave people with a message even if they cannot call them by name. Make a deeper impression.

·Symbol trademark A symbol trademark is a type of graphic trademark, which refers to a trademark that uses some simple symbols to form a pattern. The characteristic of mark trademarks is that they are highly iconic.

·Geometric trademarks Geometric trademarks are trademarks composed of more abstract figures, similar to symbol trademarks.

·Natural graphic trademarks The so-called natural graphic trademarks are graphic trademarks that are composed of natural objects such as people, animals, plants, and natural scenery. Some are based on actual photos, while others are trademarks composed of natural graphics that have been processed, refined, summarized and exaggerated.

·Neutral trademarks Neutral trademarks refer to trademarks without meaning, and the graphic symbol trademarks are similar; Chinese characters and foreign language trademarks, graphic symbols and symbol trademarks are similar; Chinese characters and foreign language trademarks are similar The transliteration is similar. Although this kind of trademark has no meaning, it is not easily confused with other people's trademarks, is easier to get registered, and the words sound more modern. Many companies currently use this trademark.

Combination trademark

A combination trademark refers to a trademark composed of two or more components, also known as a composite trademark. For example, after adding text to a trademark graphic with a horse, some are called "Military Horse", some are called "Pegasus", and some are called "Galloping Horse", etc., which not only facilitates identification and appellation, but also deepens the content and makes the content more in-depth. It's more contagious. There are also trademarks that combine Chinese characters, foreign characters and Arabic numerals, each representing different meanings.

Three-dimensional trademarks

Compared to the flat perspective of text trademarks, graphic trademarks, combination trademarks, etc., three-dimensional trademarks use three-dimensional objects as product marks. Such as special product packaging, containers and other three-dimensional materials that can distinguish different products.

·Mascots

The most famous ones are undoubtedly the mascots of various sports games. It is actually a type of flat or three-dimensional trademark.

·Image spokesperson (image ambassador)

Similar to a mascot, it is actually a manifestation of a trademark. There are relatively few theoretical studies. Most people don't understand it from a legal perspective. Perhaps due to the complex changes in the social relationships of natural persons, there are almost no applications for registered trademarks.

Audio trademark

As opposed to visual, a set of music composed of musical notes or a trademark that uses a certain special sound as a product or service is an audio trademark. For example, a record company in the United States uses 11 notes to form a set of music and records it at the beginning of the tapes they sell as a mark to identify their products. This company applied for registration in order to protect the exclusive rights of its speakers and prevent others from using and copying them. Audio trademarks are currently only recognized in a few countries such as the United States.

Smell trademark

Compared with vision and hearing, smell trademark uses a special smell as a trademark to distinguish different goods and services. Currently, this kind of trademark is only recognized as a trademark in certain countries.

Classification according to the objects of trademark protection

Service trademarks and commodity trademarks Service trademarks refer to signs used to distinguish other similar services, such as aviation, tour guides, insurance and finance, post and telecommunications The logos used by companies, restaurants, TV stations, etc. are service marks. Service trademarks and product trademarks constitute ordinary trademarks. Brand authorization & chain operation is an application field of service trademarks.

·Certification mark

Also known as guarantee mark. Internationally, an association generally applies for registration. The association has the ability to inspect the quality, raw materials, manufacturing methods and other characteristics of the goods using the trademark, and is responsible for its quality. The use of guaranteed trademarks is recognized by the association, and the quality specifications of the goods using the trademark must meet the guaranteed standards. This kind of trademark can also be used on services to prove the characteristics of a certain service. At present, more than 20 countries including the United States and the United Kingdom have specific legal provisions on this. For example: the "Green Food Mark" registered by the Ministry of Agriculture of the People's Republic of China and the Ministry of Agriculture is a certification trademark. More questions about certification marks...

Classification according to trademark holders

Personal trademarks and legal person trademarks

Personal trademarks refer to those applied for registration by natural persons trademark. It is opposed to the trademark applied for registration by a commercial legal person.

Official logo

Official logo is used in the current legal system of China (Mainland), but there is no relevant academic research and no judicial definition. It is widely used in international conventions and considers the independent logo of any government organization or non-profit organization to be an official logo. In this sense, the Chinese (mainland) government administratively stipulates the use of signs for non-profit activities as "special signs" and issued management measures.

Collective trademark

A collective trademark is a trademark applied for registration by a collective organization (such as a cooperative, association, labor union, etc.). Its ownership belongs to the collective and is enjoyed jointly by the collective members. Members of collective organizations formulate charters as needed to stipulate conditions of use, rights and obligations. More questions about collective trademarks...

Unowned trademarks. For some reason, the trademark registrant no longer exists, and this trademark is an unowned trademark.

Other categories

Well-known trademarks

Well-known trademarks refer to trademarks that are well-known and well-known. Some international treaties stipulate that well-known trademarks must be recognized by the local government. There are 10 well-known trademarks recognized by the People's Republic of China for the first time, including "Xiafei" and "Phoenix". More...

Famous trademarks Famous trademarks refer to relatively well-known trademarks. The meaning is vague. It is not a special term in the academic field or internationally. It has been selected with provincial reputation in China (Mainland).

Defensive trademarks

Defensive trademarks are trademark owners who register their trademarks separately on non-similar goods to expand their scope of protection. This method is generally adopted for well-known trademarks.

Business trademarks

Business trademarks refer to trademarks used by producers or operators to use specific logos or company names on the goods they manufacture or operate. Some people also call this kind of logo "factory logo", "store logo" or "division logo".

Joint trademarks Joint trademarks refer to several identical or similar trademarks registered by the same trademark owner on the same or similar goods. Some are similar in text, and some are similar in graphics.

Some are similar in graphics.

After this kind of trademark is registered, it is not necessarily used. The purpose is to prevent others from counterfeiting or registering it, so as to protect one's own trademark more effectively.

Backup trademarks Backup trademarks are also called storage trademarks, which refer to registering several trademarks on the same goods or similar goods at the same time or separately. They may not be used immediately after registration, but are stored first and used again when needed. use.

From the perspective of trademark strategy, there are three main considerations for registering a backup trademark: first, although a certain product has not been put into production, it can be used in time once it is put into production without affecting product sales; second, to ensure the reputation of the famous brand trademark, once it is due to a certain For three reasons, when the quality of the goods does not meet the requirements, a backup trademark (so-called sub-label) can be used to temporarily replace it; third, if the brand is damaged, the backup trademark can be replaced in time.

Grade trademarks Grade refers to the same trademark or different trademarks used on a commodity with different quality, specifications and grades. Some of these trademarks have the same name, but different graphics or text fonts; some have the same graphics, but are distinguished by different colors, different papers, different printing techniques or other signs in order to facilitate the differentiation of different product qualities; and some are Use different brand names or graphics to distinguish them. For example: Shenyang Brewery uses different trademarks to distinguish grades, so it is called grade trademark.

Group trademarks Group trademarks refer to several trademarks used to distinguish similar goods due to differences in variety, specification, grade, and price, and these trademarks are grouped together. A collection of trademarks filed for registration at one time. Group trademarks are similar to class trademarks.

Family trademarks Family trademarks are trademarks that are based on a certain trademark, combined with various words or graphics, and used on various goods of the same company, also called "derivative trademarks". For example, the American Kodak Company created and derived trademarks such as "KOBACHROME", "KOBAGRAPH" and "KOBASCOPE" based on the "KOBAK" trademark, which are family trademarks.

Double trademark Dual trademark refers to the simultaneous use of two or more trademarks on the same goods and services. Strictly speaking, it is not considered a type of trademark, but is just a name for it in objective reality.