concept
a trademark is a mark used to distinguish one operator's brand or service from other operators' goods or services. China's trademark law stipulates that trademarks approved and registered by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoy the exclusive right to use trademarks and are protected by law. If they are well-known trademarks, they will be protected by cross-category laws.
the answer to the official website of the world intellectual property organization (WIPO): a trademark is a remarkable sign that a commodity or service is produced or provided by a specific individual or enterprise. The origin of trademarks can be traced back to ancient times, when craftsmen printed their signatures or "marks" on their artworks or practical products. With the passage of time, these marks have evolved into today's trademark registration and protection system. This system helps consumers identify and buy a product or service, because the nature and quality of the product or service marked by the unique trademark on the product or service meet their needs.
signs (including words, graphics, letters, numbers, sounds, three-dimensional signs and color combinations, as well as combinations of the above elements) that can distinguish their own goods or services from those of others according to the Trademark Law of the People's Republic of China (revised in 213).
value
a trademark is an intangible asset of an enterprise, and there is no very fixed judgment on the value of a trademark. The value of a trademark as an asset in the process of investment or operation, that is, the amount of capital contained in the trademark assets. It refers to its capital value, not its honorary or subjective value. Common value judgment usually depends on the recognition and acceptance of the trademark, and is evaluated by the estimated value that the trademark can bring to the enterprise.
function
trademarks protect trademark registrants by ensuring that they have the exclusive right to indicate goods or services or to license others to use them for remuneration.
in a broad sense, trademarks can promote the positive and enterprising spirit of the whole world by rewarding trademark registrants, enabling them to gain recognition and economic benefits. Trademark protection can also prevent unfair 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 as fair a condition as possible, thus promoting the development of international trade.
trademarks are an important part of products and packaging decoration pictures. Trademarks with exquisite design, profound meaning, novelty and outstanding personality can decorate products and beautify packaging well, making consumers happy to buy.
The letters constituting
a trademark refer to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters and foreign letters such as English letters and Latin letters. The original Trademark Law classified trademarks composed only of letters as word mark, while the newly revised Trademark Law in 21 regarded letters as one of the constituent elements of trademarks, which is more practical and convenient for the trademark authorities to examine and approve trademark registration applications according to law.
Numbers, as the constituent elements of trademarks, are also the new provisions of the Trademark Law in 21. Numbers that constitute a trademark can be Arabic numerals or Chinese capital numerals.
as a three-dimensional mark that constitutes a trademark, it can also be called a three-dimensional mark, which is a three-dimensional mark with three measures of length, width and height. A trademark mark composed of three-dimensional marks is called a three-dimensional mark, which is different from the trademark plan that we usually see on a plane, but appears in a three-dimensional material form, which may appear in the shape of goods, or in the container of goods or other places. Adding provisions on the registration and protection of three-dimensional trademarks is a new addition to the Trademark Law revised in 21, which will make the trademark protection system in China more perfect.
Color combination as a trademark element alone is also a new addition in the Trademark Law in 21. Unique and novel color combination can not only give people a sense of beauty, but also be significant, which can play a role in indicating products or sources, and can also play a role in distinguishing producers, operators or service providers.
the above-mentioned six types of trademark elements can be registered as trademarks alone, or two or more of these elements can be combined arbitrarily, identical or different, but they must comply with the relevant provisions of Articles 8 and 9 of the Trademark Law.
the colors of words, graphics, letters, numbers, sounds, three-dimensional signs or their combinations that constitute a trademark shall be registered in black and white color and protected in black and white color if the specified color requirements are not explicitly put forward when applying for trademark registration. If the specified color or color combination is explicitly put forward, it will be registered and protected according to the specified color or color combination.