As trademarks become more and more popular, more and more people attach great importance to their legal awareness. The trademark lawyer in this article will introduce to you in detail the types of trademarks in our country’s trademark law. If there are still copyright issues, You can also go to Hualu.com to consult a copyright lawyer and professional lawyers will answer your questions. In my country's revised Trademark Law, different types of trademarks have been formed, which are divided according to different standards such as the object of use of the trademark, the purpose of use, the form of construction, and the level of popularity. The legal manifestation of these types of trademarks has a gradual process, which actually reflects the process of trademark development, the process of increasing trademark functions, and the process of increasingly strengthening the protection of trademarks. The types of trademarks in my country’s Trademark Law are:

1. Product trademarks and service trademarks

This is divided according to the different objects of use of trademarks. Product trademarks are signs indicating the source of goods. , and a service mark is a sign used by a service provider to identify its services and distinguish it from others. In the Trademark Law, service trademarks have been stipulated since 1993, which means that the division of trademark use objects is more realistic and confirms the necessity of using trademarks in the service field. Of course, it also shows that the scope of trademark protection has been expanded to meet the needs of the modern economy. . Therefore, the Trademark Law stipulates that if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes, it shall apply to the Trademark Office for commodity trademark registration; If you need to obtain the exclusive right to use a trademark for the services you provide, you should apply for service trademark registration with the Trademark Office. ?These two legal provisions indicate that the biggest difference between commodity trademarks and service trademarks lies in the objects of use. The key to the specific distinction lies in how to define the term service. For example, the insurance industry, banking industry, tourism industry, advertising industry, transportation industry, telecommunications industry, schools, hospitals, etc. are all service fields, including for-profit services and non-profit services. What kind of objects should be used as commodity trademarks or service trademarks can be divided by the administrative department. However, the essential characteristics of these two trademarks are the same, so some legal provisions are universal. Therefore, there are special provisions for trademarks. The provisions of the Law on commodity trademarks shall apply to service trademarks. In this article, some content only mentions the provisions on commodity trademarks, which does not exclude service trademarks, but the same provisions apply to both.

2. Collective trademarks and certification marks

This is a classification based on the different purposes of trademark use, and was only included when the Trademark Law was revised for the second time. The provisions of the Trademark Law are: "Collective trademarks" as used in this law refer to signs 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. ?;?The term "certification trademark" as used in this Law refers to a trademark that 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 for its goods or services to certify the goods or services. origin, raw materials, manufacturing methods, quality or other signs of specific quality. ?The purpose of use of these two trademarks, that is, their respective characteristics, are determined by law and cannot be confused. It is obvious that collective trademarks can only be used by members of the collective and are not allowed to be used by non-members of the collective. Certification trademarks It cannot be used by the registrant himself, but can only be used by others who meet certain conditions.

Collective trademarks and certification marks have appeared internationally and have been included in some international treaties. They were stipulated in my country's administrative regulations earlier than the law, which reflects the reality of these two trademarks. There is a need for trademarks. It is conducive to establishing and maintaining the credibility of the production and operation group, improving the competitiveness of the trademark, expanding the coverage of the trademark, gaining market advantages, and playing the role of the trademark. For the registration and management of collective marks and certification marks, general matters are stipulated by the Trademark Law, while special matters are stipulated by the industrial and commercial administration department of the State Council authorized by the Trademark Law.

3. Flat trademarks and three-dimensional trademarks

This is a classification based on the different forms of trademarks. Before the second revision of the Trademark Law, only two-dimensional trademarks were stipulated, that is, trademarks consisting of words, graphics, or combinations thereof, and visually presented on a horizontal plane. In actual registration, only two-dimensional trademarks among visual trademarks were accepted. trademark. Three-dimensional trademarks are listed as registrable trademarks in some international agreements, and three-dimensional trademarks have also been confirmed in some countries.

In our country, due to domestic needs and considering the international situation, the following provisions were made when revising the Trademark Law for the second time, namely: Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others. Visual signs, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for registration as trademarks? According to this regulation, the trademarks accepted for registration in my country are flat trademarks and three-dimensional trademarks among visual trademarks. Three-dimensional trademarks are trademarks applied for registration as three-dimensional signs.

4. Ordinary trademarks and well-known trademarks

This is a classification based on the popularity of the trademark. Ordinary trademarks and well-known trademarks are relative terms. Well-known trademarks were first seen in the Paris Convention for the Protection of Industrial Property that my country joined in 1984. The specific content is listed in Article 6-2 of the treaty: Well-known trademarks. The World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights also stipulates well-known trademarks and goes one step further than the Paris Convention. It stipulates that when determining whether a trademark is well-known, each member should consider the degree of public awareness of the trademark in the relevant department, including the degree of awareness gained from the promotion of the trademark among the members. In the above two documents, although there is no clear and unified definition of well-known trademarks, well-known trademarks have been confirmed. When my country's Trademark Law was revised for the second time, provisions were also made for well-known trademarks, making them a legally recognized and protected trademark in my country. At the same time, the Trademark Law also stipulated the basic standards for identifying well-known trademarks. According to the regulations, the following factors should be considered when determining a well-known trademark: (1) the degree of awareness of the trademark by the relevant public; (2) the duration of use of the trademark; (3) the duration and extent of any publicity work for the trademark and geographical scope; (4) records that the trademark is protected as a well-known trademark; (5) other factors that make the trademark famous? These basic standards for identifying well-known trademarks will differentiate well-known trademarks from other trademarks. Trademark Law