(1) A trademark is a distinctive sign that is different from narrative and publicly known signs as well as signs of other people’s goods or services, thereby making it easy for consumers to identify.
(2) The trademark is exclusive. The purpose of using a trademark is to distinguish the source of goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights and exclusive rights to his trademark, and others may not use it without the permission of the registered trademark owner. Otherwise, it will constitute an infringement of the trademark rights of the registrar and owner and a violation of my country's trademark laws.
(3) Trademarks have 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, registration, advertising and use. . The value of a trademark can be determined through an appraisal. A trademark can have a subject value that can be determined through an appraisal. Trademarks can be transferred for a fee: with the consent of the trademark owner, others can be allowed to use it.
(4) Trademarks are competitive and are tools for participating 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.
(5) Dependence. A trademark is a mark used on goods or services. It cannot be separated from the goods or services and is attached to the goods or services.
(6) Visibility. A trademark is a visual mark composed of text, graphics, letters, numbers, three-dimensional signs and colors, as well as a combination of the above elements.
(7) Unambiguous. The significance of a trademark refers to the ambiguity in consumers' understanding of the meaning represented by the trademark as an exclusive legal symbol. The higher the ambiguity of a trademark, the higher the choice cost because consumers need to choose one among multiple meanings.
An ideal trademark should have five characteristics: identification, communication, aesthetics, adaptability, and contemporaryness.
1. Identification: It is the most basic function of a trademark. The special nature and function of a trademark determine that the trademark must have a unique personality and no confusion by similarity is allowed.
2. Conveyability: The more distinctive the personality, the stronger the visual appeal and the deeper the stimulation. Modern trademarks not only play a role in distinguishing goods, but also express certain meanings and convey clear information through trademarks, including the company's business philosophy, product performance and use, etc. In this sense, trademarks should be as precise as signals. , easy to identify and understand.
3. Aesthetics: The trademark should be concise, easy to read and easy to remember, and should have concise and clear visual effects and appeal.
4. Adaptability: The form of trademark expression must also adapt to the challenges of different materials, different technologies, and different conditions. No matter how it changes in black and white, color, or zooming in, systematization and standardization must be respected.
5. Timeliness: Trademarks must adapt to the development of the times and make reasonable adjustments at the appropriate time to avoid being eliminated by the times.
Legal basis:
Article 8 of the "Trademark Law of the People's Republic of China" Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others , including words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.
Article 9 of the Trademark Law of the People’s Republic of China: The trademark applied for registration shall have distinctive features that are easy to identify and shall not conflict with the legal rights previously obtained by others. The trademark registrant has the right to indicate "registered trademark" or registered mark.
Article 11 of the "Trademark Law of the People's Republic of China" The following signs shall not be registered as trademarks:
(1) Only the common name, graphics and model of the product
(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Other lack of distinctive features.
If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.