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What is a trademark?
Official website, the World Intellectual Property Organization, replied: A trademark is a significant sign that a commodity or service is a commodity or service produced or provided by a specific individual or enterprise. The origin of trademarks can be traced back to ancient times, when craftsmen printed their signatures or "marks" on their works of art or practical products. With the passage of time, these marks have evolved into today's trademark registration and protection system. This system helps consumers identify and buy a product or service, because the nature and quality of the product or service indicated by the unique trademark on the product or service meet their needs.
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According to the Trademark Law of People's Republic of China (PRC) (200 1 Revision), visible signs (including words, graphics, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements) can distinguish their own goods (including services) from those of others. In most cases, a trademark can be registered without registration.
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What is the function of trademarks?
What is the function of trademarks? The content comes from official website, the World Intellectual Property Organization. Trademarks protect trademark registrants by ensuring that they have the exclusive right to indicate goods or services or license others to use them for compensation. The term of protection varies, but after the expiration, the trademark can be extended indefinitely as long as an extra fee is paid. Trademark protection shall be implemented by the court. In most systems, the court has the right to stop trademark infringement. Broadly speaking, trademarks reward trademark registrants to gain recognition and economic benefits, thus promoting the positive and enterprising spirit of the world. Trademark protection can also prevent unfair competitors, such as counterfeiters, from using similar distinctive signs to promote inferior or different products or services. This system enables skilled and enterprising people to produce and sell goods and services under as fair a condition as possible, thus promoting the development of international trade.
The Trademark Law stipulates that the following marks shall not be used as trademarks:
(1) identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), and identical with the names and graphics of specific place names or landmark buildings where the central state organs are located;
(2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except as agreed by the government of that country;
(3) identical with or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easily misleading the public;
(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;
(5) identical with or similar to the names and symbols of the Red Cross and Red Crescent;
(six) with ethnic discrimination;
(seven) exaggerated propaganda and deception;
(eight) harmful to socialist morality or other adverse effects.
Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.
Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
A collective trademark refers to a sign registered in the name of a group, association or other organization and used by members of the organization in business activities to show the membership of users in the organization.
A certification trademark refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
However, the following marks that have not been used, and have made remarkable features and are easy to identify shall not be registered as trademarks:
(a) only refers to the common name, figure and model of the commodity;
(two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Lack of distinctive features.
Regarding the relationship between trademarks and advertisements, trademarks are the signs of products and are relatively fixed. Once registered, it is protected by law and may not be used by others. Advertising is used to promote enterprises or products, and should be used flexibly according to the target audience. Of course, it is better to have the trademark of the product in the advertisement, which can impress others more.
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1. Relationship between trademark and trade name
Trademark and commodity name are not only closely related, but also have essential differences. Only when a trademark is attached to a commodity package or commodity and used together with the commodity name can consumers distinguish the source of the commodity. The commodity name is used to distinguish different raw materials and different uses of the commodity and can be used independently. Trademarks are exclusive and exclusive, while commodity names (except unique names) are usually public.
2. The relationship between trademark and commodity packaging.
Trademark and commodity packaging and decoration are also closely related, but there are essential differences. The similarity between the two is that trademarks are a part of commodity packaging and decoration, and both of them are used in commodity packaging at the same time. The difference between them lies in: the function of trademark is to distinguish different producers or operators of goods; And decoration is to beautify the goods, make consumers pleasing to the eye and give people a beautiful feeling. Trademarks are regulated by the Trademark Law; Decoration is regulated by the Anti-Unfair Competition Law and the Patent Law. The use of a registered trademark cannot be changed at will; And the decoration can change the design style at will.
3. The relationship between trademark and industrial design
Both are industrial property rights, giving people visual effects. But the trademark is only attached to the packaging or commodity, not the existing form of commodity; Industrial product design is the existing form of commodities. Trademarks are protected in accordance with the Trademark Law; Industrial designs are protected according to the patent law.
4. Relationship between service trademark and enterprise name
Different components. The name of an enterprise generally consists of the name of the administrative division, the font size, the characteristics of the industry or operation, and the organizational form. A trademark can only be composed of significant parts that are different from the services provided by others.
(2) Different functions. Service trademarks only distinguish different service sources, while enterprise names can identify the operations of different enterprises, including services and commodities. An enterprise can have multiple service or commodity trademarks, but generally there is only one enterprise name.
(3) The applicable legal procedures are different. A service trademark may not be registered for use as long as it does not violate the provisions prohibited by the Trademark Law or infringe upon the exclusive right of others to use a trademark, but it has no exclusive right. The name of an enterprise must be approved and registered by the competent authority designated by the state before it can be used.
(4) The scope of exclusive rights is different. Once a service trademark is approved and registered, it enjoys the exclusive right throughout the country. The enterprise name only enjoys the exclusive right in the designated area.
(5) Different forms of expression. Service trademarks are expressed in words, graphics and their combinations, and enterprise names can only be expressed in words.
(6) The applicable law is different. The laws regulating enterprise names vary greatly from country to country, while trademarks are regulated by trademark law.
(7) A trademark may be transferred or licensed to others, and the enterprise name may not be transferred or licensed to others alone.
5. The relationship between service marks and commodity names
(1) Service marks are only used to distinguish service sources, and manufacturers can distinguish different service sources and different commodity sources;
(2) Trade names are all composed of words, but service marks can be composed of words, graphics or their combinations;
(3) According to the Regulations on the Administration of Enterprise Registration, trade names and manufacturers' names can be registered as part of the enterprise name. When a trade name is used as a trademark, it must be approved and registered according to the Trademark Law before it can be protected by law and enjoy the exclusive right.
Commodity names and service trademarks are both components of industrial property rights.
< supplement > main features of trademarks
(1) Trademarks are distinctive signs, which are different from narrative and well-known public signs, and also from the signs of other people's goods or services, which are convenient for consumers to identify.
(2) Trademarks are exclusive. The purpose of using a trademark is to distinguish it from other people's sources of goods or services and facilitate consumers' identification. Therefore, the registered trademark owner enjoys the exclusive right to use his trademark, and no one else may use it without the permission of the registered trademark owner. Otherwise, it constitutes an infringement of the trademark right of the registered owner and violates the trademark law of our country.
(3) Trademarks are valuable. Trademark represents the quality and reputation of the trademark owner's production or operation, as well as the reputation and image of the enterprise. Trademark owners make trademarks valuable and increase the added value of goods through the creativity, design, application for registration, advertising and use of trademarks. The value of a trademark can be determined by evaluation. Trademarks can be transferred with compensation; With the consent of the trademark owner, others are allowed to use it.
(4) Trademarks are competitive and are tools to participate in market competition. The competition between producers and operators is the competition of 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.
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An ideal trademark should have five characteristics: identification, communication, aesthetics, adaptability and times.
Identifiability: This is the most basic function of a trademark. The special nature and function of trademarks determine that trademarks must have unique personalities, and similarities and confusions are not allowed.
B Communicative: The more distinctive the personality, the stronger the visual appeal and the deeper the stimulation. Modern trademarks not only play the role of distinguishing goods, but also express certain meanings and convey clear information through trademarks, including the business philosophy, product performance and use of enterprises. In this sense, trademarks should be as accurate as signals and easy to identify and understand.
C aesthetics: trademarks should be concise, easy to read and remember, and have concise visual effects and appeal.
D. adaptability: the expression of trademarks must also adapt to the challenges of different materials, technologies and conditions. No matter how black and white colors and enlargement and reduction change, we must respect the provisions of systematization and standardization.
E era: trademarks must adapt to the development of the times and make reasonable adjustments in time to avoid being eliminated by the times.
& lt supplement > trademark and consumer protection
According to the Reply of the Supreme People's Court on whether the victims of product infringement cases can file a civil lawsuit with the product trademark owner as the defendant, the victims of product infringement cases can file a civil lawsuit with the product trademark owner as the defendant.
Timeliness of supplementary trademark
According to Article 23 of the Trademark Law, a registered trademark is valid for ten years, counting from the date of approval. You can renew it six months before the expiration of the validity period and pay the renewal fee. Each renewal is still valid for ten years. There is no limit to the number of renewals. If no application is made within this time limit, it can be extended for 6 months. If no application for renewal of registration is made within the grace period, the Trademark Office shall revoke its registered trademark and make an announcement.
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Open classification:
Economy, commerce, intellectual property, trademark law, trademark office
References:
1. China Trademark Network
Contributor:
The legendary Xiaopang, Fish Goose Flower Moon, aafeng008, Zizhitong, leader, Shaanxi Commercial Institute and Shandong trademark registration.
This entry is mentioned in the following entries:
Green food logo, CIS, O 'Neill, intellectual property, brand, Paris Convention, moon cake, trademark ugliness, trademark strength, trademark, Xuande furnace, confusion possibility, trademark registration certificate, Baoshuo, brand value, Swiss army knife, calligraphy, administrative liability for trademark infringement, Internet domain name, Remy Martin, Paradise Umbrella, TM, trademark use acquisition principle, etc. & gt
The definition of "trademark" in Chinese-English Dictionary (source: Baidu Dictionary);
1.a trademark; A brand label; A brand; Trademark; A sign
Notes to this entry (***4): See more notes >>
One of the most basic steps of starting a business is to give names to companies and goods. You may create a new word, which has never been used in the market, and create LOGO of companies and commodities, and prepare a series of publicity projects. However, after the publicity, even after one or two years in the market, when people began to get familiar with it, they received a lawyer's letter accusing you of using a trademark that infringed an American company's early registered trademark right, asking you to compensate the company for the losses it suffered in the past two years because of your infringement. Because businessmen from any country in the world can enter Hong Kong ... Intellectual property lawyer10-1019: 45 for details.
Well said! Biaoyitong 09-1514:16
Someone tricked the Central Committee, but I think the application is too risky: 1, which is similar to Central Committee 2 and involves CCTV 3, which means that the Central Committee is relatively negative and the Central Committee is pushing up. If people are always fooling around, it's ruining the jobs of our trademark professionals! Just some time ago, some customers registered contraceptives such as "Passion for a long time" condoms in our trademark office, as well as the high-rated variety show of "Passion for a long time" on Hebei TV. I think it is very creative and has a good safety factor. 1, passion for a long time is a non-specific word, which is also suitable for use in contraceptives. 2, passion for a long time ... detailed intimate black tea 08- 16 08:47