The “TM” trademark and the “ ” trademark are both forms of trademarks, but they are essentially different.
"TM" means icon, which means that the icon is being used, but there is no legal protection, except for some famous corporate trademarks.
"TM" is commonly seen in foreign trademarks. It is the abbreviation of the English "trademark". The Chinese meaning of "trademark" is "commercial mark", so "TM" means "trademark". Its function It is to tell people that the graphics or words marked on it are the trademarks of the goods or services, not the names or advertisements.
Now you know the difference between "TM" and " ". "TM" is a trademark and " " is a registered trademark. The two have different levels of legal protection. of.
1. The R trademark and the TM trademark have different legal effects. The TM trademark is under application and is not protected by law; the R trademark is strictly protected by law and is a registered trademark.
2. The R trademark is exclusive and no other person or organization may use it at will except the trademark owner; while the TM trademark can also be used by others.
The biggest difference between the two is that one has been accepted and the other is in the process of application and is not protected by law. In terms of safety, if it conflicts with the R trademark, the R trademark is protected by the law. TM is protected by law, but TM is not protected by law. Therefore, when many trademarks are marked with TM, they will basically not be used on goods because they have not been officially approved.
Don’t confuse the meaning of the R trademark.
The R trademark only represents the legality and sole ownership of the trademark. It does not represent the quality of the product. Recently, I have often received questions from dealer friends. "Does the R trademark represent the quality of the product?" Obviously the R trademark cannot represent the quality of the product.
When the trademark has not become a registered trademark, the TM mark is marked. This is to tell the public that this graphic or text is used as a "trademark" for goods or services, not a name or an advertisement. This will prevent the graphics or text marked on it from flowing into the public domain and being unable to apply for a registered trademark and enjoying exclusive rights. At the same time, the "TM" mark can also be used as proof of using the graphics or text as a trademark. When applying for a registered trademark , enjoy the prior right to use.
When a trademark becomes a registered trademark, it can be marked with a “ ” or “note” registration mark in its upper right corner or lower right corner, or it can be directly marked as a “registered trademark”. Remember that the registration mark must be placed in the upper right corner or lower right corner of the trademark, which is stipulated in the "Regulations on the Implementation of the Trademark Law of the People's Republic of China".
Another point to note is that after applying for trademark registration and obtaining the "Notice of Acceptance" issued by the National Trademark Office, but before the "Trademark Registration Certificate", you still cannot mark the trademark as registered. mark, because the issuance of the "Notice of Acceptance" by the National Trademark Office is only the beginning of the trademark registration process. This "Notice of Acceptance" only indicates that the Trademark Office has accepted the trademark registration application, but does not indicate whether the application has been approved. In fact, a considerable number of trademark registration applications have been accepted by the Trademark Office, but were rejected after review, and ultimately failed to be registered. Therefore, it is recommended to mark "TM" instead of "R" during this period. Otherwise, it will constitute an illegal act of counterfeiting a registered trademark, and a fine of less than 20% of the illegal business volume or less than 2 times of the illegal profit will be imposed.
As mentioned above, the "TM" trademark that is under trial may not be successfully registered. It is likely to be rejected by the Trademark Office due to one or other reasons. An unsuccessful trademark has a negative impact on the manufacturer. It does not have any protective effect. In addition, there is a long period of time between the time when the trademark applied for registration is obtained the "Notice of Acceptance" and the registration is approved.
Specific classification of trademarks (kitchen and bathroom appliances are Category 11)
Taking kitchen and bathroom appliance brands as an example, some brands such as laundry detergent, shampoo, clothing and even media names, The names of tobacco and alcohol have appeared in the field of kitchen and bathroom appliances. Many dealers think that they are produced by that well-known non-kitchen appliance brand. In fact, this may not necessarily be the case, because trademarks are classified into categories, and kitchen and bathroom appliance trademarks are 11 categories, but there are also registrations for all categories, so it depends on the company or individual to whom the trademark belongs. If the trademarks in both categories belong to the same company, it means that the trademark is related to other well-known companies. If not, it means that the trademark belongs to the same company. The category trademark may not have any connection with the company.
Before the new Trademark Law was promulgated, there were many registered similar trademarks, and trademarks can be divided into graphic trademarks, English trademarks, and Chinese character trademarks. After the new Trademark Law was promulgated, the registration review was very strict, and similar trademarks were Trademarks are strictly controlled and prohibited, effectively protecting the intellectual property rights of enterprises and individuals.
A trademark represents the value of a brand. Once the goods labeled by a trademark are widely sold, then the trademark is extremely valuable. Once there is a problem with the goods labeled by a trademark, it will be rejected or even slandered by consumers. , a trademark represents more than just a logo, and its specific meaning is equivalent to a person's ID card. Good or bad is naturally in the minds of consumers.