Basic knowledge of trademarks

1. What are the basic knowledge of trademarks?

1. The basic knowledge of trademarks are:

(1) The basic concepts of trademarks. Distinctive marks composed of words, graphics or combinations thereof used by commodity producers or traders on their own goods in order to distinguish them from identical and similar goods produced or traded by other commodity producers and operators;

(2) Characteristics of trademarks. A trademark is a symbol of a product, symbolizing the quality, credibility, evaluation and reputation of the product;

(3) The relationship between trademarks and related concepts. Including trade names, product decoration, business slogans, origin marks, and designs;

(4) Functions of trademarks. Including indicating the source of the product, indicating the quality of the product, and advertising.

2. Legal basis: Article 3 of the "Trademark Law of the People's Republic of China"

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks and service trademarks and collective trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.

The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

2. What are the characteristics of trademarks?

The characteristics of trademarks are:

1. Trademarks are distinctive signs, which are different from narrative, A mark that is of a publicly known nature and is different from the marks of other people's goods or services, thereby making it easy for consumers to identify;

2. The trademark is exclusive. The purpose of using a trademark is to distinguish the source of goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights and exclusive rights to his trademark, and others may not use it without the permission of the registered trademark owner. Otherwise, it will constitute an infringement of the trademark rights of the registrar and the owner and a violation of relevant legal provisions;

3. Trademarks have 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. Trademarks can be transferred for a fee; with the consent of the trademark owner, others can be allowed to use them;

4. Trademarks are competitive and are a tool to participate 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 visibility. The higher the trademark visibility, the stronger the competitiveness of its goods or services.