What does a trademark mean?
A trademark is what we usually call a brand. What is a trademark? What is the definition and characteristics of a trademark? What is a trademark? The definition of trademark in China is: TradMark (English TRADMark), which refers to a kind of visual symbol composed of characters, graphics, letters, numbers, three-dimensional symbols and colors, and the combination of the above elements, which is used by producers and operators to distinguish their own goods or services from those of others. Article 8 of the Trademark Law of the People's Republic of China stipulates: "Any visible sign that can distinguish the goods or services of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements, Both can apply for registration as trademarks. Paragraph 1 of Article 15 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement for short) of the World Trade Organization stipulates that any mark or combination of marks that can distinguish the goods or services of an enterprise from those of other enterprises can constitute a trademark. The World Intellectual Property Organization (WIPO) defines a trademark as a symbol used to distinguish the goods of an industrial or commercial enterprise or such enterprise group. The International Association for the Protection of Industrial Property (AIPPI) once defined trademarks at the Berlin Congress: trademarks are marks used to distinguish goods and services provided by individuals or collectives. The definition of a trademark in the European Regulations on Homologous Trademarks is that all marks that can be expressed in written form, especially words, figures, letters, numbers and the shape of their packages, can constitute trademarks. The French government stated in its Trademark Law that all tangible marks used to identify the products, goods or services of any enterprise can be regarded as trademarks. Japan's Trademark Law of 1981 defines a trademark as: a trademark refers to numbers, figures, symbols or their combination, or their combination with colors, as a symbol used by those who produce, process, certify or transfer goods. Trademarks have the following characteristics: (1) Trademarks are marks used on goods or services, which cannot be separated from and attached to goods or services. It is not a labor product for exchange, and its logo is not a trademark. (2) A trademark is a sign that distinguishes it from other people's sources of goods or services, and it has a particularly remarkable distinguishing function, thus facilitating consumers' identification. The composition of a trademark is an artistic creation. (3) A trademark is a visual symbol composed of characters, graphics, letters, numbers, three-dimensional symbols and colors, and the combination of the above elements. (4) The trademark is exclusive. The purpose of using a trademark is to distinguish it from other people's goods or services and make it easy for consumers to identify it. Therefore, the owner of a registered trademark has the exclusive right to use his trademark and is protected by law. Without the permission of the owner of the registered trademark, no one may use the same or similar trademark without authorization, otherwise, it will constitute an infringement of the exclusive right to use the trademark of the owner of the registered trademark and will bear corresponding legal responsibilities. (5) A trademark is an intangible asset with value. A trademark represents the quality and reputation of the trademark owner's production or operation and the reputation and image of the enterprise. The trademark owner makes the trademark valuable and increases the added value of the goods through the creativity, design, application for registration, advertising and use of the trademark. The value of a trademark can be determined by evaluation. A trademark may be transferred with compensation, and others may use it with the consent of the trademark owner. (6) Trademark is the carrier of commodity information and a tool to participate in market competition. The competition between producers and operators is the competition between the quality and reputation of goods or services, and its manifestation is the competition of brand awareness. The higher the brand awareness, the stronger the competitiveness of its goods or services. Symbols used on trademarks: TM-trademark symbol refers to the commodity trademark SM—— that has been registered (applied for registration) with the Trademark Office, or the holder has declared the right-same as above, used for service trademarks. R-Registrar refers to a trademark that has been approved for registration by the Trademark Office. TOP