1. What is the relationship between trade name, trade name and trademark?
1. The relationship between trade name, trade name and trademark includes:
(1) Trademark is used to distinguish Different commodity producers and operators provide similar commodities, but their users are fixed. A trade name is also used exclusively by a specific producer and operator in commercial transactions to distinguish it from other commercial entities;
(2) The words, graphics or combinations used in the trademark and the words used in the trade name must not Violate laws, regulations and social public interests;
(3) Trademarks and trade names are both carriers of goodwill and intangible properties with economic value. The use of both will bring consequences to the rights holders. Huge profits.
2. Legal basis: Article 3 of the "Trademark Law of the People's Republic of China"
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks and service trademarks and collective trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.
The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
2. What are the functions of trademarks?
The functions of trademarks include:
1. To distinguish between different producers and operators of similar goods;
2. Distinguish the quality of goods produced by different producers;
3. Convenient for consumers to identify brands and purchase goods;
4. Conducive to product advertising.