What is a trademark?

Trademark is a sign used to distinguish one operator's brand or service from other operators' goods or services. China's Trademark Law stipulates that trademarks approved and registered by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoy the exclusive right to use trademarks and are protected by law. If it is a well-known trademark, it will be protected by cross-category laws.

1, prefix

Refers to a trademark composed only of characters, including China Chinese characters, minority languages, foreign languages or a combination of various languages.

2. Graphic trademarks

Refers to a trademark consisting only of graphics. It is mainly divided into:

(1) Mark trademark: refers to a trademark with simple symbols;

(2) Geometric graphic trademarks: trademarks composed of abstract graphics;

(3) Natural graphic trademark: it is a graphic trademark that takes people, animals and plants, natural scenery and other natural objects as objects. Some are physical pictures, and some are trademarks made of processed, refined, generalized and exaggerated natural graphics.

3. Alphabetic trademarks

Refers to a trademark with pinyin or phonetic symbols as the minimum writing unit, including pinyin and foreign letters such as English letters and Latin letters.

4. Digital trademarks

A trademark consisting of Arabic numerals, Roman numerals or Chinese capital numerals.

5, three-dimensional logo trademark

Also known as a three-dimensional trademark, a trademark symbol composed of three-dimensional objects with length, width and height is different from the trademark patterns we usually see on the plane, but appears in a three-dimensional material form, which may appear in the shape of goods or in containers or other places of goods. This is a new content added in the newly revised Trademark Law of 200 1, which will make China's trademark protection system more perfect.

6, color combination trademark

A color combination trademark refers to a trademark formed by arranging and combining two or more colors. A trademark composed of words, patterns and colors is not a color combination trademark, but a general combination trademark.

7. Combination trademark (1 ~ 6 or above)

A trademark consisting of two or more ingredients, also known as a compound trademark.

8. Audio trademarks

The trademark of a group of music composed of notes or goods or services with special sounds is an audio trademark. For example, a record company in the United States uses 1 1 notes to form a group of music and records it at the beginning of the tapes they sell as a sign to identify their products. The company applied for registration to protect the exclusive rights of its stereo and prevent others from using and copying it. At present, audio trademarks are only recognized in a few countries such as the United States. In the new trademark law officially implemented in May 20 14, China added the provisions of sound trademarks for the first time.

9. Smell trademark

Smell trademark uses a special smell as a trademark to distinguish different goods and different services. At present, this trademark is only recognized as a trademark in some countries. Smell cannot be registered as a trademark in China.

10, location trademark

Location trademark refers to the three-dimensional shape, pattern, color and their combinations of specific parts of goods, through which the providers of goods or services can be distinguished.

Trademark user

1, trade mark

Commodity trademark is the symbol of commodity and the most basic form of trademark. Trademarks usually refer to commodity trademarks. Among them, commodity trademarks can be divided into industrial trademarks of commodity producers and commercial trademarks of commodity sellers.

2. Service marks

Service marks refer to marks used to distinguish them from other similar services, such as those used by aviation, tour guides, insurance and finance, posts and telecommunications, restaurants, television stations and other units, mainly service marks.

3. Collective trademarks

It refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities to show the membership of users in the organization.

Trademark use

1, trade mark

It refers to a trademark in which producers or business operators use a specific logo or enterprise name on the goods they manufacture or operate. Some people call this logo "factory logo", "store logo" or "company logo".

2. Certification trademark

Refers to the marks controlled by organizations 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; Such as green food logo, leather logo, pure wool logo, electrician logo, etc.

3. Grade trademarks

Grade refers to the same trademark or different trademarks used on goods of different quality, specifications and grades. Some of these trademarks have the same names, but the graphics or text fonts are different. Some graphics are the same, but in order to distinguish the quality of different goods, different colors, different papers, different printing techniques or other signs are used to distinguish them, while others are distinguished by different brand names or graphics.

4. Combined trademarks

Combination trademarks refer to several trademarks used to distinguish similar goods because of different varieties, specifications, grades and prices, and these trademarks are applied for registration as a group at one time. There are similarities between collective trademarks and grade trademarks.

5. Family trademarks

Family trademark is a trademark based on a certain trademark, combined with various words or graphics, used on various commodities of the same enterprise, also known as "derivative trademark".

6. Alternate trademarks

Standby trademarks, also known as storage trademarks, refer to the simultaneous or separate registration of several trademarks on the same or similar goods, which may not be used immediately after registration, but stored first and then used when necessary.

7. defensive trade mark

Defensive trademark refers to the owner of a well-known trademark who registers his trademark separately on non-similar goods in order to prevent others from using his trademark on different kinds of goods. This kind of trademark is called defensive trademark. At present, there is no relevant provision of "defensive trademark" in China's Trademark Law.

8. Joint trademark

A joint trademark refers to a number of identical or similar trademarks registered by the same trademark owner on the same or similar goods, some of which are similar in words and some in graphics. These trademarks are called joint trademarks. This kind of similar trademark shall not be used after registration, and its purpose is to prevent others from counterfeiting or registering, so as to protect their own trademarks more effectively.

Reputation degree

1, common trademark

In general, most of the trademarks used are not protected by special laws.

2, the city famous trademark

It refers to a trademark that enjoys a high reputation in the local market (provincial capital cities and municipalities directly under the Central Government), is widely known by the relevant public, has a good quality reputation and enjoys special legal protection. (Only enterprises located in provincial capitals can apply)

3. Provincial famous trademarks

It refers to a trademark that enjoys a high reputation in a large geographical scope (such as a first-class local administrative region or province), is widely known by the relevant public, has a good quality reputation and enjoys special legal protection.

4. Well-known trademarks

It refers to a trademark that enjoys a high reputation in a large geographical scope (such as national and international), is widely known by the relevant public, has a good quality reputation and enjoys special legal protection.