The same product can use different trademarks.
When applying for trademark registration, the product category and product name using the trademark should be filled in according to the prescribed product classification table. If a trademark registration applicant applies to register the same trademark on different categories of goods, he or she shall submit a registration application according to the commodity classification table.
There is no limit to the number of countries that can register trademarks on the same product.
There are two situations for your reference:
1. A trademark has been registered on a certain product, and it has gained a certain reputation after a period of market operation. In order to prevent Others use the same or similar trademark as one's own on the same or similar goods, that is, registering several similar trademarks on the same goods. For example, Wahaha Group not only registered the Wahaha trademark for children's drinks, but also registered Hahawa, Wahawa, etc. If these names are not registered, it remains to be determined whether it constitutes infringement when others use these names on the same product. But once registered, it will inevitably constitute infringement.
Second, focus on one trademark and use different trademarks on different series of products of the same type, thereby segmenting the market and increasing the share of the entire market. For example, Wuliangye Group is led by the Wuliangye trademark, and has continuously launched Wulianghuang, Wangliangchun, etc. under it to achieve occupation of different levels of the market.
Characteristics of trademark rights:
1. Trademark rights have the general characteristics of intellectual property rights
(1) Specificity
Speciality Also known as exclusivity or monopoly, it means that the trademark owner has the exclusive right to use its registered trademark. Once obtained, this right is exclusive and no one else may use it without the consent of the trademark owner. Otherwise, it will constitute an infringement and will be subject to legal liability.
The exclusive right to use a trademark is a right granted by the law. Its exclusive use must also be under the provisions of the law, meet the conditions stipulated by the law, and must not be abused.
(2) Temporality
Temporality refers to the validity period of trademark rights. Within the validity period, trademark rights are protected by law. After the validity period, trademark rights are no longer protected by law.
The trademark laws of various countries generally stipulate the validity period of trademark rights, which can range from 20 years to 7 years. Most of them are 10 years, and our country also stipulates 10 years. There are also a few countries that do not stipulate a time limit. As long as the registrant does not violate the provisions of the law, the registrant can enjoy the trademark rights indefinitely. Countries that stipulate a validity period also stipulate that renewal can be requested upon expiration. However, if the trademark registrant fails to apply for renewal upon expiration or the application is rejected, he will lose his trademark rights.
(3) Regionality
Trademark rights have strict regionality, which is commonly known as the "territorial principle", that is, the trademark rights enjoyed by the trademark registrant can only be granted after the trademark is granted. This right is protected within the national territory and has no legal effect in other countries. If you need legal protection from other countries, you must apply for registration in that country in accordance with the laws of that country, or apply for international trademark registration. Therefore, the trademarks of my country’s exported goods should not only apply for registration in the home country, but also obtain trademark registration in the country or region where they are sold in a timely manner. Otherwise, once someone else preemptively registers the same or similar trademark abroad, my country's export goods using the trademark will no longer be able to enter that country or region, thus affecting the sales of my country's goods in the international market.
With the increasingly frequent international economic exchanges, since the end of the 19th century, countries around the world have signed a series of international conventions on the protection of trademark rights. However, the legal feature of territoriality of trademark rights has not ceased to exist. International conventions for the protection of trademark rights do not and cannot provide member states with an internationally unified set of substantive laws on trademarks. Therefore, even if a country joins an international convention for the unified protection of trademark rights, whether its foreign-related trademarks can be protected by the contracting states still depends on the domestic laws of the contracting states. When dealing with trademark issues, the domestic laws of the contracting states will still be the basis for application.
2. Characteristics of trademark rights themselves
In addition to the general characteristics of intellectual property rights, trademark rights also have their own characteristics.
(1) The scope of the right of prohibition of a trademark right is greater than the scope of the right of use
In the aforementioned section on trademark rights, it has been pointed out that the scope of the right of prohibition is greater than the scope of the right of exclusive use. the scope of effect of the right. This feature of trademark rights is not only different from property ownership, but also different from copyrights and patent rights.
The owner has the right to possess, use, dispose and benefit from the property he owns, and has the right to prohibit others from occupying and using the property without permission. The scope of this prohibition is strictly limited to the property owned by the owner. Within the scope of owned property, it is impossible to enjoy the right of prohibition beyond the scope of its possession and use. Within the scope of intellectual property rights, copyrights and patent rights do not have the right to prohibit use beyond the scope of the right to use. The copyright owner enjoys the right to use the work and obtains income from exercising the right to use it. Article 10 of the Copyright Law enumerates more than ten rights enjoyed by copyright holders to use works such as copying, performing, broadcasting, exhibiting, distributing, making films, television, videos, or adapting, translating, annotating, and editing. Copyright owners can use their own works and receive compensation for authorizing others to use their works. Of course, the copyright owner has the right to prohibit others from using it without permission. However, the right of prohibition enjoyed by the copyright owner not only cannot exceed the scope of the right of use, but is also subject to certain restrictions: under certain circumstances, others may use the work without the permission of the copyright owner and without payment of remuneration; or on the basis of The law stipulates that works can be used in specific ways without the permission of the copyright owner, but a usage fee must be paid to the copyright owner. The former is called fair use and the latter is called statutory permission. If others use the copyright owner's work within the scope of fair use or statutory permission, the copyright owner has no right to prohibit it. It can be seen that the effectiveness of the copyright owner's right to prohibit is smaller than the scope of his right to use. The patentee has the right to prohibit others from manufacturing, using, and selling its patented products or using its patented methods for production and business purposes without permission, as well as from using and selling products directly obtained by the patented methods, and has the right to prevent others from importing without permission. Its patented products or imported products directly obtained according to its patented methods. The right enjoyed by the patentee to prohibit anyone else from exploiting the patent without permission also does not exceed the scope of the patent obtained. That is to say, the patentee's right to prohibit is only exercised within the scope of the invention and creation for which he has obtained the patent, and cannot be extended to the adjacent technical scope beyond his own invention and creation. In other words, whatever the patentee has the right to prohibit, he can implement based on the patent he obtained. The trademark right is different. Although the trademark owner has the right to prohibit others from using the same or similar trademark as the registered trademark on the same or similar goods for which the registered trademark is approved, the trademark owner himself does not have the right to use it on the same or similar goods. You have no right to use a registered trademark on goods that are similar to the approved goods, and you have no right to use a trademark that is similar to your registered trademark on the approved goods, and you have no right to use a trademark that is similar to your registered trademark on goods that are similar to the approved goods. .
The fact that the effectiveness of the prohibition right of trademark rights is greater than the effectiveness of the right to use is determined by the different natures of marks, works, and inventions. Taking trademarks and works as examples, once a work is created, it can be expressed in different ways. It can be used as the original work by copying, playing, performing, etc., or it can be adapted for use by translation, adaptation, etc. The various forms of use will not dilute the connection between the author and the work, but will expand people's understanding of the connection between the author and the work. As a mark, a trademark's connection with the trademark owner requires the repetition of the trademark as the only way of expression. The more unique this representation is, the closer it is to its owner and the more solid the consumer's perception of it. On the contrary, it can confuse the relationship between the trademark and the trademark owner, causing consumers to misunderstand. Because of this, the law gives trademark owners the right to prohibit trademarks beyond the scope of their right to use. The purpose is not only for the trademark owners to use their registered trademarks exclusively, but also to safeguard the legitimate rights and interests of consumers.
Some people believe that trademark rights do not include personal rights, but only property rights. Judging from the above protection of the rights of trademark designers, it is reasonable. Compared with patent rights and copyrights, the personal rights in trademark rights are indeed weak, but the trademark owner is The use of a trademark includes the right to indicate the name and address of the trademark owner. It cannot be completely said that there is no personal right in the trademark right. It can only be said that in practice, the exercise of trademark rights is more reflected in the exercise of its property rights.