Trademarks
Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide. A sign that is used to distinguish the source of goods or services and consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements. It is a product of modern economy. In the commercial field, trademarks include words, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, which can be applied for registration as trademarks. Trademarks approved and registered by the state are "registered trademarks" and are protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration.
Table of Contents
Introduction
Concept
Marks
Function
Composition
p>
Features
Notes
Taboos
Principles of Fiction
Discrimination
Types
Timeliness
Application
Registration
Legal issues
Determination of infringement of well-known trademarks
Scope of registered trademark protection
Consumer protection
Squatting remedies
Application fees
Disputes and disputes
Definition of Trademark Dispute
Scope of Applicants for Trademark Disputes
Disputes over Trademark Authorization
Application Risks
Goods/Service Classification
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Introduction
Concept
Marks
Function
Composition
Features
Notes
Taboos
Principles of Fiction
Discrimination
Types
Timeliness
Application
Registration
Legal Issues
Determination of infringement of well-known trademarks
Scope of registered trademark protection
Consumer protection
Squatting registration remedy
Application fee
Disputes and disputes
Definition of Trademark Dispute
Scope of Applicants for Trademark Disputes
Disputes over Trademark Authorization
Application Risks
Goods/Service Classification
Expand
Edit this paragraph for introduction
Concept
A trademark is used to distinguish one operator’s brand or service from the goods or services of other operators. The mark of the service. 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.
Answer from the official website of the World Intellectual Property Organization (WIPO): A trademark is a distinctive sign that identifies a product or service as being produced or provided by a specific individual or enterprise. The origins of trademarks date back to ancient times, when craftsmen imprinted their signatures or "marks" on their works of art or utilitarian products. Over the years, these marks evolved into today's trademark registration and protection system. This system helps consumers identify and purchase 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.
According to the Trademark Law of the People's Republic of China (2001 Amendment), visible signs (including text, graphics, letters, numbers, three-dimensional logos and color combinations, and combinations of the foregoing). [1]
Mark
When marking a trademark, it should be marked in the upper right corner;, which is the mark of "registered trademark", which means that the trademark has been registered with the National Trademark Office The application has been approved by the Trademark Office and has become a registered trademark. The R in the circle is the first letter of English register.
Registered trademarks have the characteristics of exclusivity, exclusivity, and uniqueness. They are exclusively owned by the owner of the registered trademark and are protected by law. No enterprise or individual may use it without the permission or authorization of the owner of the registered trademark. , otherwise you will bear infringement liability.
The use of TM means the trademark symbol (companies using TM usually mean that the text, graphics or symbols are used as trademarks), that is, the text, graphics or symbols marked with TM are trademarks, but they have not necessarily been registered. . TM is the abbreviation of English trademark. (It should be noted that words, words, and symbols that have become registered trademarks cannot be used as registered trademarks with the circle R symbol if the font version is different from the font used for registration in actual use)
Function
Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration. The protection period is ten years from the date of trademark registration announcement, but after expiration, additional fees are required to renew the trademark for any number of times. The renewal fee is 2,500 yuan, and the renewal must be processed within the specified renewal period. Trademark protection is generally carried out by the local industrial and commercial bureau in cooperation with the investigation. If negotiation fails, it is implemented by the court. In most systems, the court has the power to stop trademark infringement. Broadly speaking, trademarks promote a positive and enterprising spirit around the world by rewarding their registrants with recognition and economic benefits. Trademark protection also prevents unscrupulous competitors, such as counterfeiters, from using similar distinctive marks to promote inferior or different products or services. This system enables skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, thereby promoting the development of international trade.
Composition
The letters that constitute a trademark refer to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters, foreign letters such as English letters, Latin letters, etc. The original Trademark Law classified trademarks consisting only of letters into the category of word trademarks. However, the newly revised Trademark Law in 2001 regarded letters as one of the constituent elements of a trademark. This provision is more realistic and convenient for trademark supervisors. The department reviews and approves trademark registration applications in accordance with the law.
Numbers as components of trademarks are also new provisions of the 2001 new Trademark Law. The numbers constituting the trademark can be either Arabic numerals or Chinese uppercase numerals.
As a three-dimensional mark that constitutes a trademark, it can also be called a three-dimensional mark. It is a three-dimensional mark with three dimensions: length, width and height. A trademark mark composed of a three-dimensional mark is called a three-dimensional mark. It is different from the trademark pattern that we usually see on a flat surface. Instead, it appears in a three-dimensional material form. This form may appear on the appearance of the product. It can also be displayed on the container or other places of the product. Adding regulations for the registration and protection of three-dimensional trademarks is a new addition to the newly revised Trademark Law in 2001, which will make China's trademark protection system more complete.
The color combination alone as a trademark element is also a newly added content in the new Trademark Law. Unique and novel color combinations can not only give people a sense of beauty, but also have distinctiveness, can play a role in indicating products or sources, and can also play a role in distinguishing producers, operators or service providers.
The above-mentioned six types of trademark elements can be registered as trademarks alone, or any combination of two or more of the above-mentioned elements, identical or different, must comply with Article 1 of the Trademark Law. The relevant provisions of Article 8 and Article 9. As the colors of words, graphics, letters, numbers, three-dimensional signs or their combinations that constitute a trademark, if no specific color requirements are explicitly stated when applying for trademark registration, they will be registered as black and white and protected as black and white. If a designated color or color combination is clearly stated, the registration will be based on the designated color or color combination, and the designated color or color combination will also be protected.
Features
1. A trademark is a mark used on goods or services. It cannot be separated from the goods or services and is attached to the goods or services.
2. A trademark is a sign that distinguishes the goods or services of others. It has a particularly distinctive distinguishing function and is easy for consumers to identify. The composition of a trademark is an artistic creation.
3. A trademark is a visual mark consisting of words, graphics, letters, numbers, three-dimensional signs and colors, as well as combinations of the above elements.
4. Trademarks are exclusive. The purpose of using a trademark is to distinguish the goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights to his trademark and is protected by law. No one may use a trademark that is identical or similar to the registered trademark without the permission of the trademark owner. Otherwise, it will constitute an infringement of the registered trademark. The owner of the right shall bear the corresponding legal liability for the exclusive right to use the trademark.
5. A trademark is an intangible asset and has value. A trademark represents the quality reputation and corporate reputation and image of the trademark owner's production or operation. The trademark owner makes the trademark valuable and increases the added value of the goods through the trademark's creativity, design, application for registration, advertising and use. The value of a trademark can be determined through an appraisal. A trademark can be transferred for a fee, and others can be allowed to use it with the consent of the trademark owner.
6. Trademarks are the carrier of product information and a tool for participating in market competition. The competition among producers and operators is the competition for the quality and reputation of goods or services, and its manifestation is the competition for trademark popularity. The higher the popularity of a trademark, the stronger the competitiveness of its goods or services.
Trademark Peugeot
If used to promote a company or product, the advertisement should be flexibly adopted according to the target of the promotion. Of course, it is best to have the trademark of the product in the advertisement, so that others will be more impressed.
1. The relationship between trademarks and product names
Trademarks and product names are closely related and fundamentally different. Only when a trademark is attached to the product package or product and used together with the product name can consumers distinguish the source of the product. The product name is used to distinguish different raw materials and different uses of the product and can be used independently. Trademarks are specific and exclusive, while trade names (except for unique names) are usually public.
2. The relationship between trademarks and product packaging and decoration
Trademarks and product packaging and decoration are also closely related, but they are also essentially different. The similarity between the two is that the trademark is part of the product packaging and decoration, and both are used on the product packaging at the same time. The difference between the two is: the function of a trademark is to distinguish different producers or operators of goods; while decoration is to beautify the goods, make them pleasing to the eyes of consumers, and give people a sense of beauty. Trademarks are regulated by the Trademark Law; decoration is regulated by the Anti-Unfair Competition Law and the Patent Law. The use of registered trademarks cannot be changed at will; the decoration design can be changed at will.
3. The relationship between trademarks and industrial designs
Both are industrial property rights and both give people visual effects. However, trademarks are only attached to the packaging or goods, and are not the form of existence of the goods; while industrial designs are the form of existence of the goods. Trademarks are protected in accordance with the Trademark Law; industrial designs are protected in accordance with the Patent Law.
4. The relationship between service marks and company names
1. The constituent elements are different. The company name generally consists of the name of the administrative division, trade name, industry or business characteristics, and organizational form.
A trademark can only consist of a distinctive part that distinguishes it from the services provided by others.
2. The functions are different. Service marks only distinguish the origin of different services, while business names can identify the operations of different companies, including services and goods. A company can have multiple trademarks for services or goods, but generally only one company name.
3. The applicable legal procedures vary. As long as the service trademark does not violate the prohibited provisions of the Trademark Law and does not infringe the exclusive rights of others' trademarks, it can be used without registration, but there is no exclusive right. The company name 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 exclusive rights throughout the country. The company name only enjoys exclusive rights within the specified area.
5. The forms of expression are different. Service marks are expressed in the form of words, graphics and their combinations, and company names can only be expressed in words.
6. Applicable laws vary. Laws regulating business names vary greatly from country to country, while trademarks are regulated by the Trademark Law.
7. A trademark can be transferred or licensed to others, but a business name cannot be transferred alone or allowed to be used by others.
5. The relationship between service marks and trade names
1. Service marks only serve to distinguish the origin of services, while trade names can not only distinguish the origin of different services, but also the origin of different goods;
2. Trade names are composed of words, but service marks can be composed of words, graphics, or a combination thereof;
3. Trade names and manufacturer names can be used as part of the company name and are registered in accordance with the "Enterprise Registration Management Regulations". When a trade name is used as a trademark, it must be approved and registered in accordance with the "Trademark Law" in order to receive legal protection and enjoy exclusive rights.
Trade names and service marks are part of industrial property rights.
Category
Identification of infringement of well-known trademarks
Well-known trademarks (famous trademarks of China) refer to trademarks that have been passed by the competent authorities (Trademark Office of the State Administration for Industry and Commerce, Trademark Review and Adjudication Trademarks recognized as "well-known trademarks" by the People's Committee of the People's Republic of China or the People's Court) in accordance with legal procedures.
According to the "Regulations on the Recognition and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce on April 17, 2003, its meaning can be summarized as: a well-known trademark refers to a well-known trademark that is widely known to the relevant public in China and enjoys a high Reputation trademark.
As for what is "relevant public", the "Regulations on the Recognition and Protection of Well-known Trademarks" stipulates that: the relevant public includes consumers related to a certain type of goods or services marked by the use of trademarks, and the production of the aforementioned goods Or other operators providing services, as well as sellers and related personnel involved in distribution channels. As for what is meant by "widely known" and "enjoying a high reputation", the "Provisions on the Recognition and Protection of Well-Known Trademarks" do not clearly define it.
Due to the huge investment and predictable economic benefits contained in well-known trademarks, well-known trademarks have long been coveted by illegal infringers. Therefore, the identification of well-known trademark infringement is different from that of general trademarks, and the former is broader. . Because the protection of well-known trademarks mainly starts from both the horizontal and vertical aspects. The horizontal expansion expands the scope of signs that are "similar" to the well-known trademarks, and the vertical expansion expands the categories of goods or services marked by the well-known trademarks, from the same or similar goods. or services are extended to non-similar goods or services to achieve the purpose of granting special protection. The world's intellectual property conventions on trademarks are also based on this idea to determine the infringement of well-known trademarks to protect well-known trademarks. For example, the Paris Convention stipulates that for any mark recognized as a well-known trademark by a member state, others are prohibited from registering it first, and others are prohibited from using the same or similar mark. The Intellectual Property Convention further stipulates: It is announced that the special protection of the Paris Convention extends to well-known service marks, and the scope of protection is expanded to prohibit the use of the same well-known mark on dissimilar goods or services
or similar logo. China's current determination of well-known trademark infringement basically follows this line of thinking.
Article 13, Paragraph 2, of China's Trademark Law stipulates: "If a registered well-known trademark misleads the public, causing the interests of the registrant of the well-known trademark to be potentially harmed, it shall not be registered and its use shall be prohibited." "Something that appears in the practice of trademark registration" Joint trademarks" and "defensive trademarks" are also the results of this kind of thinking. However, because it is a well-known trademark, compared with the infringement of general registered trademarks, in addition to the expansion of the horizontal and vertical scope, there are other forms of infringement that are not available in typical trademark infringements, which is called "dilution" in academic theory. method of infringement. The so-called "dilution" means to distort, weaken or even eliminate in some way the connection between specific goods (services) bearing a certain well-known trademark and specific goods producers (service providers), resulting in the weakening of the distinctiveness and attractiveness of the trademark, thereby weakening the distinctiveness and attractiveness of the trademark. Causing confusion among consumers.
Scope of registered trademark protection
Protecting trademark exclusive rights refers to the state’s use of legal means to stop and sanction trademark infringements to protect the trademark registrant’s exclusive rights to trademarks.
According to the relevant provisions of the Trademark Law and the Implementation Regulations of the Trademark Law, once a trademark is approved for registration, it becomes a registered trademark protected by law. Lawyer Changji believes that the scope of rights protection for registered trademarks is mainly reflected in two aspects: first, the effectiveness of time and geography, and second, the effectiveness of approved registered trademarks and approved goods for use.
Consumer Protection
According to the "Reply of the Supreme People's Court on whether victims of product infringement cases can file civil lawsuits against the trademark owners of the products as defendants", victims of product infringement cases A person can bring a civil lawsuit against the trademark owner of the product as the defendant.
Edit this paragraph to remedy the rush registration
1. If the preemptively registered trademark is in the preliminary examination announcement period, you can file an objection with the Trademark Office.
2． If the registered trademark has been approved for registration, you can apply to the Trademark Review and Adjudication Board for cancellation within five years after the trademark is registered; if the registered trademark is a well-known trademark, there is no time limit for filing a cancellation application.
3. If the preemptively registered trademark has not been used for a long time after registration, a cancellation application can be filed with the Trademark Office on the grounds of "cessation of use for three consecutive years."
4. When re-registering a trademark, the trademark cannot be similar to the original trademark. As for the popularity of the trademark, you don’t have to worry about it. As long as the product quality is good and you pay attention to publicity and promotion, you can still achieve good sales. A trademark does not necessarily have to correspond to a business name.
5. Contact the squatter and obtain the exclusive rights to the trademark through transfer.