The difference between a defensive trademark and a joint trademark mainly includes the following four aspects:

1. The difference between trademark identification:

1. A defensive trademark and its registered trademark The trademarks are the same.

2. A joint trademark is a group of trademarks that are different but similar to the registered main trademark. Joint trademarks can be registered separately, but each trademark cannot be transferred separately, and the entire joint trademark must be transferred together. , as well as joint trademark licenses.

2. Differences in registration categories:

1. The registration scope of defensive trademarks is generally different from the scope of application of the main trademark, and is in other categories of goods and services. .

2. The registration of a joint trademark is on goods that are identical or similar to the goods approved for use by the main trademark.

3. Differences in the difficulty of obtaining registration:

1. The registrant of a defensive trademark is generally the owner of the Chi trademark, and it is more difficult to get the application approved.

2. The registrant of a joint trademark is not necessarily the owner of a well-known trademark.

IV. Differences in the application of the three withdrawal clauses:

The main trademark is used, and the unused trademarks in the joint trademark are not subject to the "Trademark Law of the People's Republic of China" ? "Those who have stopped using the trademark for three consecutive years" may be subject to cancellation of the trademark. A defensive trademark that has been “stopped from use for three consecutive years” may be revoked.

Extended information:

The registration purposes of defensive trademarks and joint trademarks are the same: to protect well-known trademarks from infringement and prevent others from insinuating them.

1. The emergence of joint trademarks is because the similarity of trademarks or similarity of goods is often not very clear, and there are no strict standards for judgment and identification. Moreover, it changes with time and place, so it is difficult to prevent Others have registered or used similar trademarks on similar goods. Once this happens, it is often difficult to cancel the registration of others or prohibit their use.

So, people register joint trademarks to prevent this situation, which plays a preventive role. In some cases, manufacturers are forced to register joint trademarks because of the infringement of similar trademarks.

2. The purpose of registering a joint trademark is also to meet the needs of enterprise development and new product development.

For powerful enterprises, there are many types of products, new products are constantly emerging, and old products are constantly being updated. Therefore, when doing business, they need to use the same trademark as the original registered trademark on new products similar to Hu products. A certain similar trademark can not only use the old brand to promote promotion, but also show the style of the new product. This can be said to kill two birds with one stone. Joint trademarks can exactly meet this need.

China’s Trademark Law does not stipulate the content of joint trademarks, but many manufacturers actually apply the joint strategy and give full play to the role of joint trademarks.

In fact, joint trademarks may not always be used, but China’s Trademark Law stipulates that if a registered trademark is not used for three consecutive years, the Trademark Office has the right to cancel the registration of the trademark. This contradiction needs to be properly resolved. Until the current laws are revised, these trademarks can be "used" in the form of advertising.

Baidu Encyclopedia - Joint Trademark

Baidu Encyclopedia - Defensive Trademark