Legal analysis: Trademarks refer to words and graphics that are used by commodity producers or operators on their own goods in order to distinguish them from identical and similar goods produced or operated by other commodity producers and operators. or a distinctive mark constituted by a combination thereof.
Characteristics:
1. Trademarks are dependent on goods, that is, trademarks are an inevitable product of the commodity economy.
2. Trademarks have property attributes.
3. Trademarks are competitive.
4. Trademarks are exclusive.
Functions of trademarks:
1. The function of indicating the source of goods.
2. The function of indicating product quality.
3. The function of advertising.
Legal basis: Article 3 of the Trademark Law of the People's Republic of China. Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; trademark registration Everyone enjoys the exclusive right to trademark and is protected by law.
The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.