Trademark rights can be used by two companies together. If both companies have ownership of the trademark, that is, they own the trademark. Of course, one party can also license it to the other party. Therefore, next I will introduce to you the knowledge about whether the same trademark can be used by two companies and related aspects. I hope it can help you solve the corresponding problems. 1. Can the same trademark be used by two companies? Yes, two or more natural persons, legal persons or other organizations can apply to the Trademark Office to register the same trademark at the same time, and jointly enjoy and exercise the exclusive right to use the trademark. 2. Types of Trademarks Trademarks can be divided into different types according to different standards. (1) Commodity trademarks and service trademarks Commodity trademarks refer to the trademarks used by commodity producers on the goods they produce or operate. Use on goods refers to affixing the trademark to the goods or the packaging, containers, transaction documents and other papers of the goods. Using the trademark in advertising, product exhibitions and other commercial activities also belongs to trademark use. Service trademarks are trademarks used by operators to distinguish the services they provide from those of others. The use of service trademarks includes: direct use on services, such as service introduction brochures, photos of service locations, staff clothing, etc. on documentation related to the Services; use of the Trademarks in advertising. (2) Collective trademarks and certification marks A collective trademark refers to a mark registered in the name of a group, association or other organization and exclusively used by members of the organization in commercial activities to indicate the user's membership in the organization. The function of a collective trademark is to indicate to users that the companies using the trademark have the same characteristics. An enterprise using a collective trademark has the right to use other exclusive trademarks of its own at the same time. Certification trademarks are controlled by an organization with the ability to supervise certain goods or services and used by units or individuals other than the organization to certify the origin, raw materials, and manufacturing of the goods or services. A sign of method, quality or other specific quality. The purpose of a certification mark is to indicate to consumers that its product meets specified conditions or standards. A mark that indicates that a product originates from a certain region and that the specific quality, reputation or other characteristics of the product are mainly determined by the natural or human factors of the region is a geographical indication, which can be registered as a collective trademark or certification mark. (3) Joint trademarks and defensive trademarks A joint trademark refers to a trademark owner registering several similar trademarks on the same goods, or registering several identical or similar trademarks on different goods of the same category. Similar trademarks are called joint trademarks. Among these trademarks, the one registered first or mainly used is the main trademark, and the rest are joint trademarks. A defensive trademark refers to the same trademark registered by the same civil entity on several goods of different categories. The main trademark is registered first, and the other trademarks are defensive trademarks. When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods. Therefore, when the main trademark is transferred, the joint trademark and the defensive trademark should be transferred together to avoid confusion among consumers. (4) Registered trademarks and unregistered trademarks Registered trademarks refer to trademarks that have been approved and registered by the trademark management agency in accordance with the law. Registration of a trademark requires legal conditions and legal procedures. In countries with a trademark registration system, once a trademark is registered, it acquires the exclusive right to use the registered trademark and the right to prohibit others from using a trademark that is identical or similar to the registered trademark on the same or similar goods. Unregistered trademarks refer to trademarks that have not been registered by the national competent authority and the user does not have the exclusive right to use the trademark. Unregistered trademarks do not enjoy the exclusive right to use the trademark, but they can be used and enjoy the influence and reputation generated by the use. They are protected by the Trademark Law and the Anti-Unfair Competition Law. (5) Well-known trademarks Well-known trademarks refer to trademarks that are well-known to the relevant public in China.
The "Regulations on the Recognition and Protection of Well-Known Trademarks" states: The relevant public includes consumers related to a certain type of goods or services marked by the use of trademarks, other operators who produce the aforementioned goods or provide services, as well as sellers and sellers involved in distribution channels. Relevant personnel, etc. Well-known trademarks have their own particularities compared with general trademarks. General trademarks can only be protected on similar goods or services, while registered well-known trademarks can not only obtain similar protection, but also cross-class protection. 3. Principles of trademark acquisition 1. Principle of acquisition by use The principle of acquisition by use means that the basis for the acquisition of trademark rights is that the trademark has been actually used in commercial activities, and registration is only preliminary evidence to prove the enjoyment of trademark rights. This principle holds that a trademark can only function and function if it is truly used, and there is no need to provide trademark protection for unused trademarks. The United States adopts the principle of trademark acquisition. 2. Principle of registration acquisition The principle of registration acquisition means that the basis for obtaining trademark rights is the approval of registration by the trademark administrative department. Unregistered trademarks cannot enjoy the protection of trademark rights. The registration acquisition principle can easily lead to malicious registration of trademarks, but its advantages lie in safety and efficiency. Our country adopts the principle of obtaining registration, but at the same time, trademark legislation also continues to strengthen the protection of unregistered trademarks. According to legal provisions, it can be known that two or more natural persons, legal persons or other organizations can apply to the Trademark Office to register the same trademark at the same time, and jointly enjoy and exercise the exclusive right to the trademark.