Trade mark (English trade mark) refers to a visible mark composed of characters, graphics, letters, numbers, three-dimensional signs and colors and the combination of the above elements, which is used on the marks of goods and their packages or services to distinguish them from other people's goods or services.
The World Intellectual Property Organization (WIPO) defines a trademark as a symbol used to distinguish the goods of industrial and commercial enterprises or such enterprise groups.
The International Association for the Protection of Industrial Property (AIPPI) once defined trademarks at the Berlin Conference: "Trademarks are marks used to distinguish goods and services provided by individuals or collectives".
The French government stipulates in its Trademark Law that "all tangible signs used by any enterprise to identify products, commodities or services can be regarded as trademarks".
Trademarks have the following characteristics:
(1) A trademark is a mark used on goods or services, which cannot be separated from and attached to goods or services.
(2) A trademark is a sign that distinguishes it from other people's goods or services, and has a particularly remarkable distinguishing function, which is convenient for consumers to identify. The composition of a trademark is an artistic creation.
(3) A trademark is a visual symbol composed of characters, graphics, letters, numbers, three-dimensional symbols and colors, and the combination of the above elements.
(4) Trademarks are exclusive. The purpose of using a trademark is to distinguish it from other people's goods or services and facilitate consumers' identification. Therefore, the owner of a registered trademark enjoys the exclusive right to his trademark and is protected by law. Without the permission of the registered trademark owner, no one may use the same or similar trademark without authorization, otherwise it will constitute an infringement of the exclusive right of the registered trademark owner and bear corresponding legal responsibilities.
(5) Trademarks are valuable intangible assets. 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, and others can use them with the consent of the trademark owner.
(6) Trademark is the carrier of commodity information and a tool 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.
Symbols used on trademarks:
Trademark-trademark symbol refers to a commodity trademark that has been registered (applied for registration) in the Trademark Office or the holder declares that it has rights.
Sm- same as above, used for service marks.
R-Registrar refers to a trademark that has been approved and registered by the Trademark Office.
The specific meaning of a trademark