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What is an electronic trademark?

Since this year, many companies such as Qianbei New Energy Company and Hongfa Rice Company in Fenggang County, Guizhou Province have received calls from foreign domain name registration service agencies, saying that the hosts of these companies, Manaoshan Electronic trademarks such as ? are facing the risk of being registered. It is recommended that companies register as soon as possible to protect the company's exclusive rights to electronic trademarks. These service agencies also claim that they can help agents, and the registration fees and agency fees quoted per order range from 5,000 yuan to 10,000 yuan every 10 years. Many companies are confused after receiving such calls. The company's trademark has been registered for a long time, so why does it appear? Electronic trademark? But these service agencies explained: the trademark is divided into two parts, one is the physical trademark, that is, the company's trademark registered through the Trademark Office of the State Administration for Industry and Commerce; the other is One is an electronic trademark, that is, a network logo, which requires re-application for registration before it can be obtained. These institutions also hyped up the powerful functions of "electronic trademarks". Some business owners couldn't stand the persuasion and paid for "electronic trademarks"; some business owners had doubts and consulted the industrial and commercial administrative agencies, which ultimately prevented Got fooled. Is there really an electronic trademark? Is this a trademark classification? The answer is no. Article 3 of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law") clearly stipulates: Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks. ?Article 8 stipulates:?Any mark 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 signs, color combinations and sounds, etc., as well as combinations of the above elements , can be applied for registration as trademarks. ?In the above-mentioned definitions of the classification and composition of trademarks, the concept and category of "electronic trademarks" are not mentioned. In other words, "electronic trademark" is not a legal term at all, has no direct connection with the "trademark" stipulated in the "Trademark Law", and is not an object of adjustment and protection by the "Trademark Law". ?Electronic trademark?What exactly is it? In fact, it is just a kind of Internet domain name. Item 7 of Article 3 of the "Measures for the Administration of Internet Domain Names" stipulates: Domain name registration service agency refers to a domain name registration service agency that accepts domain name registration applications, directly completes the registration of domain names in domestic top-level domain name databases, and directly or indirectly completes the registration of domain names in foreign databases. mechanism. ?It can be seen from this provision that Internet domain name registration service agencies have the authority to accept and register Internet domain names, but do not have the authority to accept, review and register trademarks. Article 2 of the Trademark Law stipulates: The Trademark Office of the State Administration for Industry and Commerce is responsible for the registration and management of trademarks nationwide. This provision indicates that the Trademark Office of the State Administration for Industry and Commerce is the only trademark registration agency in the country that is authorized by law to register trademarks. The so-called "electronic trademark" is nothing more than a "new label" put on an Internet domain name by a certain domain name registration service agency in order to promote the Internet domain name registration business. Originally, network domain names are a kind of commercial identification of enterprises on the Internet, and are also part of the protection of corporate intellectual property rights. There is nothing wrong with publicity and promotion. However, some service agencies just coined the term "electronic trademark" and characterized it as a type of trademark classification, linking it to the trademarks defined in the "Trademark Law"; they also exaggerated the function of "electronic trademark" and its registration. The importance of protection and serial tracking marketing force companies to submit, leaving some business owners at a loss as to what to do. Some business owners who are not familiar with trademark laws and regulations have been deceived without realizing it. In fact, as early as 2004, based on the feedback from many companies regarding "electronic trademarks", the Trademark Office of the State Administration for Industry and Commerce sent a letter to the Internet Network Information Center to communicate with regard to regulating domain name registration service agencies. In order to prevent "electronic trademarks" from being confused with others, interfering with the implementation of the Trademark Law, and misleading enterprises and consumers, the Internet Network Information Center also punished individual domain name registration service agencies. "Electronic trademarks" were once suspended, and the media also conducted through publicity and reporting. However, over the past 10 years, some domain name registration service agencies have not stopped their electronic trademark fraud activities, resulting in many business owners and consumers being deceived. Here, we remind the majority of business owners and consumers: "Electronic trademark" is just an Internet domain name, not a "trademark". Even if it is registered, it will not be protected by the Trademark Law. Once a trademark is registered by the Trademark Office of the State Administration for Industry and Commerce, it will be legally recognized and protected by exclusive rights in terms of registered categories and goods (services). Enterprises also have the right to use registered trademarks in their business activities, including publicity on the Internet.

Therefore, business owners and consumers must be vigilant when receiving calls or emails from so-called "electronic trademark" registrations to avoid being deceived.