As we all know, the purpose of registering a trademark is to obtain the exclusive right to use the trademark, to use the trademark on goods or services, and to obtain legal protection, so as to create your own trademark brand. However, on the basis of the existing registered trademarks, registering the joint trademark and defensive trade mark is a common means to protect trademarks.

Today, let's learn more about what a joint trademark is and defensive trade mark.

About joint trademarks

Although many similar trademarks are touched by porcelain, the trademark office and the Trademark Review and Adjudication Board have reached the goal of protecting the trademarks through legal means such as objection, dispute, improper cancellation of registration or the Anti-Unfair Competition Law.

However, this kind of protection is too passive, and its scope is limited, and it needs long-term and huge energy, especially in cases of objections, disputes and improper cancellation of registration, which takes at least two years or more.

the role of joint trademarks can be reflected at this time, and a firewall will be built around their own trademarks. Because joint trademarks are similar trademarks, they can only belong to one trademark owner and cannot be split and transferred; At the same time, as long as one joint trademark is used, all joint trademarks can be regarded as used. Therefore, unused trademarks in joint trademarks are not restricted by "stopping using for three consecutive years".

There are also some matters needing attention when using the joint trademark:

The subject of the joint trademark is also the owner of original trademark, and the two should be consistent. The goods approved for use in the joint trademark are the same as or similar to those approved for use in original trademark.

joint trademarks are not registered for use.

the trademarks in a joint trademark shall not be transferred separately, and so shall the use license.

each trademark in a joint trademark is relatively independent, and the revocation or termination of one trademark does not affect the validity of other trademarks.

the purpose of registering a joint trademark is to prevent its own trademark from being copied by others. In addition, it also meets the needs of enterprise development and new product development.

About defensive trade mark

defensive trade mark refers to several trademarks registered by the well-known trademark owner on the goods or services approved for use by the registered trademark, or on similar goods or services, in order to prevent others from registering and using the same trademark in these categories. The original trademark is the main trademark, and others are defensive trade mark.

according to the trademark law, the scope of the exclusive right to use a trademark is strictly limited, and it does not involve non-similar goods or services.

When registering a defensive trademark, we need to pay attention to several issues:

Do the trademark components have unique and distinctive features?

faces the possibility of revocation of a trademark that has stopped using for three consecutive years.

The purpose of registering defensive trade mark is not to use these trademarks immediately, but to restrict others from registering or using the same or similar trademarks as the main trademarks in certain related categories, which will play a certain defensive role and at the same time reserve a "foreshadowing" for the future development of gasoline.

Therefore, when registering in defensive trade mark, we must consider how to use the trademark, otherwise it will lose the meaning of defensive trade mark.

There is very little content about joint trademarks and defensive trade mark in this issue, but it is of great significance to the brand of its own enterprises.