A trademark is a mark used to distinguish one operator’s brand or service from the goods or services of other operators. my country's Trademark Law stipulates that for trademarks approved and registered by the Trademark Office, including commodity trademarks, service marks, collective trademarks, and certification marks, the trademark registrant enjoys exclusive rights to the trademark and is protected by law. If it is a well-known trademark, he will obtain a cross-category trademark. Legal protection of exclusive rights.
1. Word trademarks
refers to trademarks consisting solely of words, including Chinese characters, ethnic minority characters, foreign characters, or trademarks composed of various different characters.
2. Graphic trademarks
refers to trademarks consisting only of graphics. They are mainly divided into:
(1) Symbol trademarks: refer to trademarks that use certain simple symbols to form patterns;
(2) Geometric figure trademarks: refer to more abstract graphics
(3) Natural graphic trademark: It is a graphic trademark composed of natural objects such as people, animals, plants, natural scenery, etc. Some are based on actual photos, while others are trademarks composed of natural graphics that have been processed, refined, summarized and exaggerated.
3. Alphabet trademarks
refers to trademarks that use the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters, foreign letters such as English letters, Latin letters, etc.
4. Digital trademarks
A trademark composed of Arabic numerals, Roman numerals or Chinese uppercase numerals.
5. Three-dimensional logo trademark
Also known as a three-dimensional trademark, it is a trademark logo composed of a three-dimensional object logo with three dimensions: length, width, and height. It is different from what we usually see. Unlike the trademark pattern that appears on a flat surface, it appears in a three-dimensional material form. This form may appear on the shape of the product, or on the container or other places of the product. This is a new content added to the newly revised Trademark Law in 2001, which will make China's trademark protection system more complete.
6. Color combination trademark
A color combination trademark refers to a trademark composed of two or more colors arranged and combined. A trademark composed of words, patterns and colors is not a color combination trademark, but a general combination trademark.
7. Combination trademarks (above 1 to 6)
Refer to trademarks composed of two or more components, also called composite trademarks.
8. Audio trademarks
A trademark that uses a set of music composed of musical notes or a special sound as a product or service is an audio trademark. For example, a record company in the United States uses 11 notes to form a set of music and records it at the beginning of the tapes they sell as a mark to identify their products. This company applied for registration in order to protect the exclusive rights of its speakers and prevent others from using and copying them. Audio trademarks are currently only recognized in a few countries such as the United States. my country’s new Trademark Law, which was officially implemented on May 1, 2014, added provisions for audio trademarks for the first time.
9. Smell trademarks
Smell trademarks use a special smell as a trademark to distinguish different goods and services. Currently, this kind of trademark is only recognized as a trademark in certain countries. Smell cannot yet be registered as a trademark in China.
10. Positional trademarks
Positional trademarks refer to the three-dimensional shape, pattern, color and combination of specific parts of a commodity, through which providers of goods or services are distinguished.
Trademark users
1. Product trademarks
Commodity trademarks are the marks of goods. It is the most basic form of expression of a trademark. What is usually called a trademark is mainly Refers to commodity trademarks; commodity trademarks can be divided into industrial trademarks of commodity producers and commercial trademarks of commodity sellers.
2. Service trademarks
Service trademarks refer to signs used to distinguish other similar services, such as those used by aviation, tour guides, insurance and finance, post and telecommunications, hotels, television stations, etc. The logo is mainly a service mark.
3. Collective trademarks
refers to registration in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate that the user is a member of the organization Qualification mark.
Trademark purposes
1. Business trademarks
refers to producers or operators using specific logos or company names on the goods they manufacture or operate. Trademark, this kind of mark is also called "factory mark", "store mark" or "division mark".
2. Certification trademarks
are controlled by an organization that has the ability to supervise certain goods or services, and are used by units or individuals other than the organization for their goods or services. , a mark used to prove the origin, raw materials, manufacturing method, quality or other specific quality of the goods or services; such as green food mark, genuine leather mark, pure wool mark, electrician mark, etc.
3. Grade trademarks
Grade refers to the same trademark or different trademarks used on a commodity with different quality, specifications and grades. Some of these trademarks have the same name, but different graphics or text fonts; some have the same graphics, but are distinguished by different colors, different papers, different printing techniques or other signs in order to facilitate the differentiation of different product qualities; and some are Use different brand names or graphics to distinguish them.
4. Group trademarks
Group trademarks refer to several trademarks used to distinguish similar goods due to differences in variety, specification, grade, and price. And treat these trademarks as a group and submit an application for registration at one time. Group trademarks are similar to class trademarks.
5. Family trademarks
Family trademarks are based on a certain trademark, combined with various words or graphics, and used on various products of the same company. Trademarks, also known as "derivative trademarks".
6. Alternate trademarks
Alternate trademarks are also called storage trademarks, which refer to registering several trademarks on the same goods or similar goods at the same time or separately. They may not be used immediately after registration. It is stored first and then used when needed.
7. Defensive trademarks
Defensive trademarks refer to well-known trademark owners who, in order to prevent others from using their trademarks on different categories of goods, separate their trademarks on non-similar goods. Registered, this kind of trademark is called a defensive trademark. At present, my country’s trademark laws do not have relevant provisions on “defensive trademarks”.
8. Joint trademarks
Joint trademarks refer to several identical or similar trademarks registered by the same trademark owner on the same or similar goods. Some are similar in text, and some are similar in graphics. These trademarks are called joint trademarks. After registration of such mutually similar trademarks, it is not necessarily necessary to use them. The purpose is to prevent others from counterfeiting or registering, thereby more effectively protecting one's own trademarks.
Reputation level
1. Common trademarks
Most trademarks that do not receive special legal protection are used under normal circumstances.
2. Municipal famous trademarks
refers to brands that enjoy a high reputation in the local market (provincial capital cities, municipalities directly under the Central Government), are generally known to the relevant public, have good quality reputation, and Trademarks that enjoy special legal protection. (Enterprises located in provincial capital cities can apply)
3. Provincial famous trademarks
refers to enjoying a high reputation in the market within a larger geographical scope (such as first-level local administrative regions, provinces) , a trademark that is generally known to the relevant public, has a good quality reputation, and enjoys special legal protection.
4. Well-known trademarks
refers to a trademark that enjoys a high reputation in a large geographical area (such as national and international), is generally known to the relevant public, and has a good quality reputation. , and enjoys special legal protection as a trademark.