Legal analysis: A trademark is a sign that can distinguish one company’s goods or services from those of other companies.
Trademarks have a wide range of functions and have many functions that cannot be ignored. They are mainly reflected in:
(1) The function of identifying the source of goods or that trademarks are identifiable. This is the trademark The basic function and primary function of trademarks is to identify the source of goods. Therefore, only those with this function can become trademarks, and those without this function cannot be called trademarks. As a basic function of trademark identification, extending from it, trademarks also have several functions related to it.
(2) The function of promoting sales. Producers and operators use trademarks to indicate the source of goods. Consumers use trademarks to distinguish similar goods, understand the goods, and make choices. In this way, trademarks become a way to open up the market and play a role in the market. An important tool for competition, this is another important function of trademarks.
(3) The function of ensuring the quality of goods. Producers use trademarks to indicate that goods are provided by themselves, service providers use trademarks to indicate that a certain service is provided by them, and consumers also use trademarks to identify goods or services. , to identify its quality, which is related to the rise and fall of producers and operators. Therefore, the use of trademarks prompts production and operators to pay attention to quality and maintain quality stability. In reality, it often happens that a brand falls and the entire enterprise becomes unsustainable. Therefore, the use of trademarks can make producers and operators feel the pressure of market competition and pay attention to the quality of goods. Trademarks thus play a role in ensuring the quality of goods. Of course, this guarantee is a specific relationship that links producers, operators and consumers through trademarks.
(4) Functions of advertising Modern commercial publicity is often centered on trademarks. Trademarks are used to release product information and promote products, which are eye-catching, concise and easy to remember. They can attract consumers with the help of specific marks such as trademarks. attention and deepen the impression of the product. Products attract consumers, and consumers choose products with the help of trademarks. The role of trademarks is obvious. In reality, trademarks become silent advertisements, which further demonstrates the advantages of trademarks.
5) The function of establishing commercial reputation is that trademarks are used to indicate the source of goods, ensure the quality of goods, and advertise goods as an effective means of developing markets. This all shows that trademarks condense the information they indicate. A trademark is the best indicator of the credibility of a product and the reputation of its producers and operators. Therefore, an effective way to establish goodwill is to form a reputable trademark. This kind of reputable trademark can not only help consumers choose trustworthy products, but also help manufacturers and operators avoid damage to their goodwill. Moreover, the wider the scope of trademark use, the greater the role of establishing and maintaining goodwill, so that competition among enterprises and products becomes competition among trademarks. The more popular a trademark is, the stronger its competitiveness.
Legal basis: "Trademark Law of the People's Republic of China"
Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others , including words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.
Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.
The trademark registrant has the right to indicate "registered trademark" or registered mark.