Distinctive signs (SIGNDISTINCTIVE)

Marks that can play a distinguishing role in commerce, such as trademarks, service marks, manufacturer names, origin marks, and names of origin. The main function of distinctive signs is to convey various information about the source and provenance of products. This information is not only easy to identify but also helps customers make repeat purchases, thereby improving circulation efficiency. Any mark or combination of marks that distinguishes the goods or services of one undertaking from those of other undertakings. In most countries, visually visible words, including names, letters, numbers, graphics, including combinations of colors, shapes of products and other appearances, and combinations of these elements can be registered as trademarks. In some countries, audiovisual trademarks and even scent trademarks are also protected. By correctly indicating the origin of goods or services, trademarks can reduce the time cost for consumers to identify goods or services, and at the same time encourage manufacturers who produce or sell goods and provide services to ensure quality and maintain reputation. In modern society, trademarks can also play a role in publicity Promotional advertising role.

Registered trademark (REGISTREDMARK) is a trademark uniformly registered by the trademark authority. Since trademarks are intangible, registration is conducive to publicity and trust in the ownership of rights and facilitates search and inquiry by others. In countries that implement the registration principle to exclude rights, mere use does not generate rights. In countries such as the United States that implement applicable principles to determine rights, registration does not create rights, but it can bring convenience in proof.

UNREGISTREDMARK

Use an unregistered trademark directly. In most countries, mere use does not create any rights. However, in some countries, the premise of using municipal protection and registration instructions is to facilitate the production of evidence. Some countries also grant a certain degree of protection to trademarks that have gained a certain reputation through use. If a trademark is well-known or even famous, even an unregistered trademark can be protected.

GOODMARK

A trademark that identifies the source of goods. In the past, trademark law only protected commodity trademarks. Depending on the location of the trademark owner, commodity trademarks could be further divided into manufacturing trademarks and sales trademarks. MANUFACTUREMARK

A product trademark registered or used directly by the manufacturer for the products it produces. Most trademarks are manufacturing trademarks.

Sales trademark (COMMERCEMARK or PRAVITELABEL)

It is a trademark registered or used by a shopping mall that does not produce itself but is only responsible for selecting and distributing goods.

Service Mark (SERVICEMARK)

A trademark registered or used by a service enterprise to distinguish its services. Although the Paris Convention for the Protection of Industrial Property stipulates that all member states have the obligation to protect service marks, service marks in most countries are mainly regulated by anti-unfair competition laws and are not specifically protected by trademark law until 1946 in the United States. The Hamm Trademark Law clarified the legal status of service marks in the form of written trademark law for the first time. The trademark legal treaty also clearly requires member states to register service marks and apply the provisions of the Paris Convention for the Protection of Industrial Property regarding commodity trademarks to service marks.

INDIVIDUALMARK

A trademark registered or used independently by the party concerned.

COLLECTIVEMARK

A trademark registered in the name of an industrial and commercial group, association or other collective organization and used by its members to indicate the operator of the trademark or the provision of services belong to the same organization.

Certification mark (CERTIFACATIONMARK)

It is controlled by an organization that has the ability to detect and supervise certain goods or services, and is used on goods or services by people other than it, in order to A trademark that certifies the origin, raw materials, manufacturing methods, quality, precision, or other specific qualities of goods or services.

GARRANTYMARK

It is a certification mark.

STATICMARK

Static trademark. Until now, most visual trademarks have been static trademarks.

Dynamic trademark (DYNAMICMARK)

On the basis of ordinary static trademarks, a new dimension is added - a trademark of time. It shows a process, not a static picture or shape. As for auditory trademarks and olfactory trademarks, their expression can only be a process, so they are also a type of dynamic trademark.

Trademark constituent elements (CONSTITUENTELEMENTSOFMARKS)

Also known as the object and components of the trademark right. The scope of this element is gradually expanding; in the past, it generally only included static two-dimensional trademarks, but now it has expanded to include three-dimensional and dynamic marks. Some countries have broken through the visual mark and began to protect sound and even smell trademarks. From the perspective of identification capabilities, the scope of trademark objects is unlimited.

Visual trademark (VISUALMARK)

Visual trademark is the oldest, most traditional and most effective form of trademark. In theory, visual trademarks include all visually perceptible marks, but in fact, the protection of surnames, place names, letters, numbers, slogans, and color trademarks has been subject to varying degrees of restrictions. There are still some countries that do not protect three-dimensional trademarks. As for the Dynamic trademarks have only just been mentioned on the protection agenda.

Word trademark (WORDMARK)

Word trademark is a major form of trademark. Because it is easy to call, most companies will choose words to register and use as trademarks. The words used as a trademark are not necessarily words with meaning, but at least they can be read.

Surname trademark (SURNAMEMARK)

A trademark using a personal surname. Since pure surnames are mainly considered to distinguish the providers of goods or services rather than their origin, they generally do not obtain registration protection, except for those that acquire "secondary meaning". When registering, you are generally required to use your last name.

Geographic name trademark (GEOGRAPHICMAMEMARK)

Geographical name registered trademarks are generally subject to strict restrictions: the name of the place of origin of goods or services should be left to other manufacturers of the same place of origin for free use, and the use of place names that are not the place of origin As a trademark, it is generally possible to mislead consumers. Therefore, only place names that have nothing to do with the origin of the goods or services and will not mislead consumers can be protected as trademarks. The TRIPSFL agreement strictly prohibits the registration of geographical names of wines and spirits as trademarks. But in principle, the name of origin can be registered and protected as a certification mark.

LETTERMARK

A trademark composed of an abbreviation, a prefix, a meaningless combination of letters, or even a single letter. Registration of letters has been severely restricted due to concerns over the limited number of letters. Trademarks consisting of less than two letters are generally not considered to be inherently distinctive, or must be combined with special fonts or colors, or evidence of acquired distinctiveness must be provided, otherwise they cannot receive trademark protection.

NUMBERMARK

Due to the fact that it is easy to be confused with the model number of goods or services, the registration of digital trademarks has been restricted for a long time, but there are also some numbers that have obtained higher value due to long-term use. Distinctiveness and popularity are finally accepted for registration, such as the famous 4711 perfume.

SLOGANMARK

A trademark that usually consists of a short slogan. Original slogans are generally protected by copyright, but as long as the slogan can also play a role in identifying the source of the trademark or service, it does not exclude it from receiving trademark protection.

Graphic trademark (FIGUREMARK or DESIGNMARK)

A trademark composed of graphical marks and symbols. The initial graphic trademarks were generally relatively complex and were basically drawn from the natural world, such as various plants, animals, landscapes, people, etc. Later, they were gradually simplified and are now mostly abstract lines and geometric figures. The Vienna Agreement Establishing a Classification of Graphic Elements of Trademarks signed in 1973 divided the graphics that constitute a trademark into 29 major categories, 144 sub-categories and 1569 groups.

Color trademark (COLORMARK)

A trademark composed of the arrangement, combination and color difference of colors or even a single color. Just use colors that are combined with other notable ingredients. But whether pure color, especially a single color, can be protected has always been a controversial issue.

The U.S. Supreme Court clearly recognized for the first time in the 1995 case of QULITEX v. JACOBSON that a single-color trademark can be registered and protected if it acquires a "secondary meaning."

TWO-DLMENSIONMARK

A visual trademark consisting of only two-dimensional elements. To date, the vast majority of visual trademarks are graphic trademarks.

THREE-DLMENSIONMARK

A visual trademark composed of three-dimensional elements, also known as an appearance trademark. The protection of three-dimensional trademarks has been controversial until the signing of the TRIPS Agreement. As three-dimensional marks, three-dimensional trademarks often have stronger visual impact than flat trademarks and can better identify the source of goods or services. However, some countries are worried that the protection of three-dimensional trademarks may conflict with the protection of copyrights, patents, especially design patents. , three-dimensional trademarks cannot be protected for a long time. Countries that currently provide protection for three-dimensional trademarks generally attach strict restrictions when registering three-dimensional trademarks. For example, the three-dimensional mark must not be determined by the nature of the goods, must not be necessary to achieve a certain technical effect, and must not confer substantial value to the goods.

Shape mark (SHAPEMARK)

Generally synonymous with three-dimensional trademark, but sometimes specifically refers to a trademark consisting of the appearance of a product and its container. The shape of product containers such as Coca-Cola bottles, including the shape of the place where services are provided, may have inherent distinctiveness, but the shape of the product itself is generally considered to directly represent the characteristics of the product itself. Unless distinctiveness is achieved through use, it generally cannot be protected.

COMPOSEDMARK

A trademark that contains both text and graphic components. When consumers purchase goods, they usually identify the trademark as a whole. Therefore, segmentation and comparison are generally not allowed when determining infringement. However, this does not rule out paying special attention to the particularly prominent text or graphic parts of the combined trademark.

HOLOGRAM SMARK

In order to provide a higher level of defense and increase costs, some companies have begun to use laser holographic technology to produce holographic trademarks. There is nothing special about the pattern of this type of trademark, but it can only be seen through the refraction of light at a certain angle.

AUDIBLEMARK

Perceived trademarks can be identified through hearing. Although auditory trademarks are not as widely used as visual trademarks, they may be more likely to attract consumers' attention in some specific situations. For example, the roar of the army used in the title of a movie shot by MGM is more impressive than the subtitles. Deeply impressed.

SOUNDMARK

A type of auditory trademark. Although not musical sounds but relatively special sounds can also be used as trademarks, such as the sounds of nature, the special voices of actors and the special frequencies of car horns, etc., which may be identifiable when used in conjunction with goods or services.

JUNGLEARK

A type of auditory trademark. A trademark composed of beautiful music. Musical trademarks can be recorded through musical notation. Some radio stations, television stations and websites have begun to use specific music as opening songs and welcome songs. There are also some companies that use the music trademark to promote their products. For example, Intel Corporation promotes that its chips play music.

Olfactory Mark (OLFACTORYMARK)

A trademark that distinguishes the source of goods or services through different smells is also called an odor trademark. Olfactory trademarks are relatively rare at present. The world's first odor trademark was the stimulating, fresh and unforgettable floral fragrance of "PIUME-RIABIOSSOMS" approved and registered by the United States Trial and Appeal Board (TTAB) in 1990 on a sewing machine. breath". In the case R156/1992-2, the Second Court of Appeal of the European Union's Office for Harmonization in the Internal Market also approved for the first time the registration of a homologous trademark using the scent of freshly cut grass as an olfactory trademark. Although the smell of perfume is the value of the perfume itself and cannot be used exclusively by one company, it is entirely possible that the special smell of bath soap and washing powder can play a role in distinguishing trademarks.

Smell mark (SCENTMARK or SMELLMARK)

It is an olfactory mark.

Taste trademark (TOUCHMARK)

A trademark that is identified through taste. Since taste is a characteristic of the food or drink itself, it is not usually considered by consumers to be identifying a specific origin, but at least theoretically it cannot be absolutely ruled out that the taste may acquire distinctiveness after long-term use.

Tactile trademark (TOUCHMARK)

A trademark that distinguishes the origin of goods or services by the smoothness and smoothness of its texture. Some companies use special materials on business cards, envelopes, company profiles, packaging bags, even front desks and employee clothing to achieve distinctive effects.

ASSOCIATEDMAEK

A registration system to avoid public confusion caused by the division and transfer of similar trademarks. It was first stipulated in the Trademark Law of 1938 by the United Kingdom, and was later followed by many countries and regions. "United" in English does not actually mean "association". Although various countries have regulations prohibiting the division and transfer of similar trademarks, joint trademarks as a system have been basically abandoned.

DEFENSIVEMARK

A system that allows particularly well-known trademarks to be registered in other categories without incurring the obligation to use them. Like the joint trademark, it was originally introduced by the United Kingdom in the Trademark Law of 1938, but the actual development was not ideal. Some countries, such as Japan, recently abandoned the joint trademark system when revising their trademark laws, ensuring that defensive trademark registrations are retained.

PRINCIPALMARK

Compared with joint trademarks and defensive trademarks that can only be registered but not used, it is the main trademark that companies must fulfill the obligation to actually use.

Well-KNOWNMARK (WELL-KNOWNMARK)

It is a trademark that is widely known among the relevant public in a country. It is also called a well-known trademark or a well-known trademark. According to Article 6bis of the Paris Convention for the Protection of Industrial Property, although the owner of the trademark has not registered or even used the trademark in a member country, based on the fact that it is well-known in that country, including the popularity generated through promotion, there is The right requires the refusal or cancellation of the registration of a trademark that may cause confusion and prohibits its use to avoid possible confusion. Some countries also provide similar special protection to their well-known trademarks. The special protection of well-known trademarks is an important manifestation of the general principle of good faith in trademark law. It aims to make up for the obviously unfair consequences that may be caused by the strict implementation of the first-to-register principle or even the first-to-use principle, thereby making the trademark well-known. As the third basis for trademark protection.

FAMOUSMARK

Originally appeared in the "Federal Trademark Anti-Dilination Act" passed in the United States in 1995. Its basic characteristics are usually at least relatively distinctive, long-term use, wide range of use, multiple sales channels, well-known in the defendant's field, few third parties using the same trademark, and whether it is registered is not a major indicator. In terms of degree of distinctiveness, a famous trademark cannot be merely relatively distinctive like an ordinary trademark or even a well-known trademark, but must be absolutely distinctive. Famous trademarks therefore not only have a strong ability to differentiate, but also have a strong ability to attract.

Reputation mark (MARKWITHREPUTATION)

A concept in European homologous trademark law, there is currently no generally accepted definition. Some people believe that a reputation trademark does not need to be as well-known as a well-known trademark. That is, as long as it has an attractive and strong association image, a trademark that is not necessarily well-known can be called a reputation trademark. Some countries, such as France, believe that a trademark must be at least well-known in the defendant's field before it can be called a reputation trademark. According to the interpretation of the European Court of Justice in the case of GMY v. YPLON, a reputation trademark refers to a trademark that is well-known among a considerable part of the public related to the trademark. However, the European Court of Justice did not clarify whether reputation trademarks need to be absolutely distinctive.

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