First, further improve trademark awareness and create a good atmosphere for enterprises to implement trademark strategy
Trademark awareness is people's understanding and understanding of trademark knowledge.
1. Trademark is a unique mark used by commodity producers or operators in order to distinguish their own products from others' products in market competition. This kind of mark is usually composed of words, figures, symbols and numbers or a combination of them.
2. A trademark is a legal concept, which has the exclusive right and is protected by law after being registered.
3. under the condition of market economy, the popularity of enterprises mainly comes from consumers' cognition of their trademarks, and the popularity of trademarks directly reflects the share of enterprises in market competition, reflects the competitive strength of enterprises, and finally shows the reputation of enterprises in the public. From the market point of view, a trademark, for consumers, means that goods with a certain quality level, people recognize the brand to buy goods, thus improving the market share of brand-name trademarks; For producers and operators, trademarks represent the reputation and image of enterprises and indicate the market share of their products.
4. Famous brand trademarks are intangible assets of enterprises, which can be used to bring rolling financial resources to enterprises.
Second, carefully design and select trademarks, and strengthen trademark registration management
Trademarks reflect the corporate image and are the business cards for enterprises to enter the market. Consumers often start with trademarks when they know a company; Therefore, choosing and designing a good trademark is the first step for enterprises to implement trademark strategy. The brand "Li Ning", named after Li Ning in Prince of gymnastics, China, embodies the enterprise spirit of changing the backward situation of China sports products and pursuing world-class products with Li Ning's fighting spirit. "Li Ning" brand trademark has become a famous trademark, and the enterprise has developed rapidly.
1. Carefully design and choose trademarks
Generally speaking, there are three ways for enterprises to choose trademarks:
One is to design their own trademarks;
second, entrust relevant planning companies to design and screen;
the third is to solicit from the public.
The factors that an enterprise should comprehensively consider when choosing a trademark are as follows:
(1) The legality of a trademark, that is, the characters, symbols and graphics used in trademark design must comply with the relevant provisions of China's Trademark Law.
(2) the originality and novelty of a trademark means that the designed trademark shall not be the same as or similar to the registered trademark of others on similar goods, and the trademark design shall be innovative and original.
(3) We should respect folk customs and avoid taboos. Customs and habits should be fully considered in trademark selection. Some words and patterns are loved by people in local or domestic areas, but they are just disgusted by people in ethnic minority areas or abroad.
(4) The trademark name should be concise, conspicuous, easy to identify and easy for advertising. 2. Strengthening the management of trademark registration
China's Trademark Law implements the principle of prior registration for the confirmation of trademark rights. Only when an enterprise applies to the State Trademark Office for registration according to law can it obtain the exclusive right to use a trademark and get legal protection.
2. In the management of trademark registration, enterprises should do the following:
(1) The trademark should be registered in time after being selected. Registration according to law is the basis for an enterprise to obtain the exclusive right to use a trademark. It is not easy for an enterprise to choose a good trademark, and it is even more difficult to create a brand. If it is not registered in time, it will bring litigation troubles and economic losses to the enterprise.
(2) Choose "defensive trade mark" to prevent "hitchhiking". Defensive trade mark is chosen as the trademark owner, and several identical trademarks are registered on different kinds of goods or services to prevent others from infringing; On the other hand, trademarks similar to their own trademarks are registered as much as possible to prevent others from "hitchhiking".
(3) Pay attention to the international registration of trademarks. In today's increasingly globalized world economy, Chinese enterprises that are heading for the international market should have an international strategic vision and register their trademarks through the Madrid international trademark registration system in a planned way according to the strategic objectives of enterprise development; Use international treaties to protect their exclusive right to use trademarks around the world.
(4) renew the trademark in time. China's Trademark Law stipulates that a registered trademark is valid for 1 years, and an application for renewal of the trademark should be made within six months before its expiration. If no application is made within this period, a grace period of six months can be given. If no application for renewal of the registration is made after the grace period, the exclusive right to use the trademark will be lost.
third, strengthen the advertising of trademarks and strive for well-known trademarks
The highest goal of enterprise trademark strategy is to create well-known trademarks. A well-known trademark refers to a trademark that has a good reputation, good quality of goods or services, high market share and is well known to the relevant public. The exclusive right of a well-known trademark is not the exclusive right of a trademark in the general legal sense. It is not only protected at home, but also beyond its own scope and protected in all countries in the world (at least in the member countries of the Paris Convention). Enterprises with well-known trademarks not only have a huge intangible asset, but also have a powerful weapon to gain a dominant position in domestic and foreign market competition. Among the conditions for the recognition of well-known trademarks in China's Trademark Law and the Provisions on the Recognition and Protection of Well-known Trademarks, the duration, degree and geographical scope of trademark publicity, including the way and geographical scope of advertising and promotion activities, the types of publicity media and the amount of advertising, are essential conditions. Therefore, when enterprises use trademarks, they should increase advertising efforts, constantly improve the visibility of enterprise trademarks, and make some necessary preparations for enterprises to strive for well-known trademarks.
Enterprises should do well in the following aspects when advertising:
1. Take trademarks as the focus of enterprise advertising, and successful advertisements are all carried out around enterprise trademarks, so as to achieve remarkable results and make the image and product positioning of enterprises deeply rooted in people's hearts.
2. The advertising creativity should be novel and unique, so as to distinguish the advertising of this enterprise from the advertising of similar products of other enterprises and leave a deep impression on consumers.
3. Trademark advertising should be combined with corporate culture and business philosophy, so that consumers can have associations after watching advertisements.
4. Advertising should be continuous for a long time, and it is by no means an overnight thing. To maintain the popularity of trademarks, we must constantly invest money and persistently carry out trademark publicity. Especially for well-known trademarks, if there is no advertisement in the media for a long time, people will doubt whether there is something wrong with the enterprise of this brand. After a long time, consumers will turn their attention to the products of other brands, and the trademark of this enterprise will gradually be forgotten by people.
iv. establish and improve the enterprise trademark management mechanism
enterprise trademark management is one of the important contents of trademark strategy and the guarantee for enterprises to implement trademark strategy. To strengthen enterprise trademark management, we should do the following work according to the actual situation of the enterprise:
(1) Establish a trademark management organization or a special person to manage trademarks, and formulate corresponding management systems for trademark application, use, printing, warehousing and disposal of waste trademarks. Such as trademark filing system, trademark printing system and trademark protection system.
(2) Take the initiative to protect rights and protect the creation of famous brand trademarks. It is only the first step for an enterprise to obtain the exclusive right to use a trademark, and the key is to do a good job in maintaining the trademark right. The management of trademark rights protection is mainly the monitoring of trademark announcements and market research. If it is found that the new trademark application is similar to the registered trademark, an objection should be raised in time to prevent the other party from successfully registering the trademark and protect its exclusive right to use the trademark. On the other hand, conduct market research, and if it is found that there is infringement by producers and operators in the market, use legal means to protect rights in time to ensure that the good reputation of enterprises will not be damaged. Protecting trademark rights from infringement is a long-term and complicated task. Enterprises can hire trademark consultants and use professional institutions to assist enterprises in counterfeiting and safeguarding rights. It is a long-term and complicated systematic project for enterprises to implement trademark strategy. It is necessary to have long-term planning and do a good job in all aspects to ensure the smooth implementation of trademark strategy and enhance the core competitiveness of enterprises.
industry and commerce promote the implementation of trademark strategy
Fu Shuangjian, deputy director of the State Administration for Industry and Commerce, said at the "21 China Trademark Annual Conference" held in Xining on September 1, 21 that the industrial and commercial authorities will further innovate the management system and start from six aspects, such as strengthening the demonstration of trademark strategy implementation, actively promote the implementation of trademark strategy and promote the transformation of economic development mode.
these six measures are:
-actively promote the work of demonstration cities (districts) and demonstration enterprises of trademark strategy, and vigorously support local governments to implement trademark strategy. Constantly sum up and promote the implementation experience of trademark strategy, and innovate the implementation system and mechanism of trademark strategy. Publish comprehensive trademark information according to law, and provide trademark decision-making information services for the government and enterprises.
-further shorten the trial period of trademark examination and review cases and increase the total number of trademark registrations. Establish a working mechanism of trademark review, objection ruling and trademark review that pays equal attention to quantity and quality. Improve the system of adjudication of trademark objections and trademark review cases, and prevent malicious registration and malicious objections.
-further tighten the standards for the identification of well-known trademarks, standardize the identification procedures and improve the supervision system. Intensify the identification of well-known trademarks of innovative, high-tech enterprises, large market share and good economic benefits, especially those in strategic emerging industries. Support and guide enterprises to use well-known trademarks to pledge capital contribution.
-actively guide the application for registration of trademarks and geographical indications of agricultural products, open up a "green channel" and shorten the review period. Actively promote the new agricultural industry management model such as "company (farmers' professional cooperatives)+trademark+farmers". Focus on cultivating a number of internationally competitive geographical indications and agricultural product trademarks.
-establish a long-term mechanism to curb trademark infringement and a nationwide coordinated mechanism to investigate and deal with trademark cases, severely crack down on trademark infringement and counterfeiting, and focus on strengthening the protection of well-known trademarks. Guide and standardize trademark agencies to strengthen self-discipline and maintain the order of trademark agency.
—— Focus on supporting and guiding enterprises with well-known trademarks and geographical indications to register Madrid trademarks internationally. Strengthen communication and cooperation with relevant departments such as commerce, and increase the overseas protection of Chinese trademarks. Establish a database of international trademark registration and rights protection to provide information services for enterprises to protect their rights overseas.