Trademark is what we usually call a brand.

What is a trademark? What is the definition of a trademark, and what are the characteristics of a trademark?

What is a trademark?

Our country’s definition of trademark is:

Trademark (TradMark in English) refers to the use by producers and operators to distinguish their own goods or services from those of others. A visible mark composed of text, graphics, letters, numbers, three-dimensional logos and color combinations used on goods and their packaging or service marks, as well as a combination of the above elements.

Article 8 of the "Trademark Law of the People's Republic of China" stipulates: "Any visible mark that can distinguish the goods or services of a natural person, legal person or other organization from the goods or services of others. , including words, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, can be applied for registration as trademarks"

The World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to as Article 15, Paragraph 1, of the TRIPS Agreement stipulates: Any mark or combination of marks that can distinguish the goods or services of one enterprise from those of other enterprises can constitute a trademark.

The World Intellectual Proporty Organization (WIPO) defines a trademark as: a trademark is a sign used to distinguish the goods of an industrial or commercial enterprise or such an enterprise group.

The International Association for the Protection of Industrial Property (AIPPI) defined trademarks at the Berlin Congress: A trademark is a mark used to distinguish goods and services provided by individuals or collectives.

The "European Union Trademark Regulations" define a trademark as: any mark that can be expressed in written form that can distinguish the goods or services of one enterprise from the goods or services of other enterprises, especially Text, graphics, letters, numbers, and the appearance of their packaging can all constitute a trademark.

The French government stated in its "Trademark Law" that: all tangible signs used to identify the products, items or services of any enterprise can be regarded as trademarks.

Japan’s 1981 Trademark Law defines trademarks as follows: Trademarks refer to numbers, figures, symbols or their combinations, or their combinations with colors, used as trademarks for production, processing, certification or transfer. Goods are the marks used by businesses on their goods.

The characteristics of a trademark are:

(1) A trademark is a mark used on goods or services, which cannot be separated from the goods or services and is attached to the goods or services. It is not a labor product for exchange, and the logo on it is not a trademark.

(2) A trademark is a sign that distinguishes the source of goods or services from others, and has a particularly distinctive distinguishing function, making it easy for consumers to identify. The composition of a trademark is an artistic creation.

(3) A trademark is a visible sign consisting of text, graphics, letters, numbers, three-dimensional signs and colors, as well as a combination of the above elements.

(4) The trademark is exclusive. The purpose of using a trademark is to distinguish the goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights to his trademark and is protected by law. No one may use a trademark that is identical or similar to the registered trademark without the permission of the trademark owner. Otherwise, it will constitute an infringement of the registered trademark. The owner of the right shall bear the corresponding legal liability for the exclusive right to use the trademark.

(5) A trademark is an intangible asset and has value. A trademark represents the quality reputation and corporate reputation and image of the trademark owner's production or operation. The trademark owner makes the trademark valuable and increases the added value of the goods through the trademark's creativity, design, application for registration, advertising and use. The value of a trademark can be determined through an appraisal. A trademark can be transferred for a fee, and others can be allowed to use it with the consent of the trademark owner.

(6) Trademark is the carrier of product information and a tool to participate in market competition. The competition among producers and operators is the competition for the quality and reputation of goods or services, and its manifestation is the competition for trademark visibility. The higher the trademark visibility, the stronger the competitiveness of its goods or services.

Symbols used on trademarks:

TM - trademark symbol refers to a commodity trademark that has been registered (application for registration) with the Trademark Office, or the holder declares that it has the right

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SM - Same as above, used for service marks.

R——Registration symbol refers to a trademark that has been approved and registered by the Trademark Office. TOP