Trademark What is a trademark?

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What is a trademark?

What is the function of trademarks?

The use and taboo of trademarks

Principles and methods of drafting trademark names

The relationship between trademarks and other concepts

Main characteristics of trademarks

Types of trademarks

Trademark and consumer protection

Matters needing attention in natural person's application for trademark registration

Steps to register a trademark

Matters needing attention in graphic trademark design

The earliest trademark in China.

Matters needing attention in natural person's application for trademark registration

Steps to register a trademark

Matters needing attention in graphic trademark design

The earliest trademark in China.

[Edit this paragraph] What is a trademark?

A trademark is a prominent symbol used by producers and operators of commodities in their production, manufacturing, processing, selection and distribution of commodities or services provided by service providers to distinguish the sources of commodities or services. It consists of words, graphics or their combinations.

Trademark is the product of modern economy, which is different from the ancient imprint. Modern signs bear the intangible assets of enterprises and are the medium of comprehensive information transmission of enterprises. As an important part of enterprise CIS strategy, logo is the most widely used, frequent and key element in the process of corporate image communication. The strong overall strength, perfect management mechanism, high-quality products and services of the enterprise are all contained in the logo, which is deeply left in the hearts of the audience through constant stimulation and repeated portrayal.

Trademark design fixes concrete things, events, scenes and abstract spirit, ideas and directions through special graphics, which makes people naturally associate with trademarks while seeing them, thus generating a sense of identity with enterprises. Trademarks are closely related to the operation of enterprises. Trademark is an essential element in daily business activities, advertising, cultural construction and foreign exchange. With the growth of the enterprise, its value is also increasing. It has been asserted that "even if all the assets of Coca-Cola are burned by a torch, Coca-Cola can stand up again with its trademark". Therefore, enterprises with long-term vision attach great importance to trademarks and understand the role of signs. In the early days of the enterprise, a good logo design is undoubtedly an important carrier for the accumulation of intangible assets in the future. If there is no sign that can objectively reflect the enterprise spirit and industry characteristics and has a scientific and beautiful shape, it will cause unnecessary waste and loss to the enterprise when it develops and makes changes and adjustments. After the Bank of China changed its logo, the replaced outdoor media was taken off the shelves nationwide, with a loss of 20 million.

In the commercial field, trademarks, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, can be applied for registration as trademarks. The logo of a trademark should also be distinctive and easy to identify, so that consumers can distinguish the products or services identified by the trademark from similar products or services identified by other trademarks.

Www.wipo.int, official website, World Intellectual Property Organization (WIPO) replied: A trademark is a distinctive sign that a specific individual or enterprise produces or provides goods or services. 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.

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.

Trademark mark in use

When labeling a trademark, R/TM: R in the circle should be added in the upper right corner, indicating that the trademark has been registered in the State Trademark Office and has been approved by the Trademark Office to become a registered trademark. R in the circle is the initial letter of English register registration.

Registered trademarks have the characteristics of exclusiveness, exclusiveness and uniqueness. It belongs to the registered trademark owner and is protected by law. Without the permission or authorization of the registered trademark owner, no enterprise or individual may use it, otherwise it will bear tort liability.

Using TM is a trademark symbol (enterprises usually use TM to indicate that words, graphics or symbols are used as trademarks), that is, words, graphics or symbols marked with TM are trademarks, but they are not necessarily registered. TM is the abbreviation of English trademark. (It should be specially noted that words, words and symbols that have become registered trademarks cannot be used as registered trademarks with circled R symbols if the font version used is different from that used in registration. )

[Edit this paragraph] What is the function of a trademark?

Trademarks protect trademark registrants by ensuring that they have the exclusive right to mark 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.

[Edit this paragraph] Use and Taboo of Trademarks

1. 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.

2. However, any of the following marks that have not been used, and that have acquired 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.

3. It is forbidden to copy, imitate or translate other people's well-known trademarks that are not registered in China;

A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is not registered in China. It is easy to cause confusion, so it is not registered and prohibited to be used.

Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

[Edit this paragraph] Principles and methods of drafting trademark names

(A) the principle of drafting a trademark name

To name a trademark, in addition to meeting the statutory requirements for trademark naming, the following principles should also be noted:

1. Easy to identify, read, understand, remember and write.

The name of a trademark must first be clear and concise; Words should be easy to understand, and don't use obscure words; Use characters with simple strokes that are easy to write and print, and don't use ancient characters and obsolete characters with complex strokes that are difficult to identify or have been eliminated; Pronunciation should be loud and fluent, with musical aesthetic feeling, and bending and twisting should be avoided. In addition, the text of the name cannot be too long.

2. Grasp the characteristics and highlight the key points

Trademark name is very short, which can only show the characteristics of a certain aspect of the goods, so we should grasp the characteristics and highlight the key points. This kind of prominence, or focus on highlighting identity, such as "Kweichow Moutai"; Or focus on display technology, such as "China Ancient Health Essence"; Or focus on display materials, such as "double needle toothpaste"; Or focus on showing value, such as "diamond electric fan"; Or focus on the performance of utility, such as "baili brand soap"; Or sketch an image, such as "white rabbit toothpaste"; Or show interest, such as "Xiyingmen towel quilt"; Or show style, such as "Princess Qin"; Wait a minute.

3. name and reality should be integrated to avoid self-contradiction

The name should reflect a certain characteristic of the commodity from a certain aspect, should be associated with the commodity, and there should be no phenomenon that the name of the commodity does not match the reality or damage the image of the commodity. For example, "Panther" brand agricultural vehicles, "Panther" shows the power of vehicles, and "Chrysanthemum" of "Chrysanthemum" electric fan gives people a cool feeling, which is reasonable and reasonable.

4. Consider the psychology of consumers.

Commodities have a certain number of consumers, and naming should consider the psychology of consumers in order to win the market. For example, children's products should consider children's psychology: so there are little angel children's shoes, white rabbit toffee and Wahaha fruit milk. Health care products for the elderly should consider the psychology of the elderly: so there are Bainianle Chinese patent medicine, Laolaifu oral liquid and Ruyi brand crutches. Cosmetics are mainly consumed by young women, so the brand names are fashionable and foreign: Aoqi, Yaqian, Head & Shoulders, Lihua Bao Si and Golden Ballet. High-end consumer goods, according to the characteristics that buyers should choose carefully, use brand names to indicate the preciousness, sophistication, durability and advanced quality of the goods, so there are Strauss piano, Panda TV, Aerospace refrigerator, Sapphire watch and so on.

5. Names should be beautiful and meaningful.

The so-called aesthetic feeling is that the name is vivid and can make people have good associations. Such as: tulip wallpaper, penguin sweater, lotus gourmet powder.

Implication means that a name can contain more information. For example, "Zhong Yi" not only shows that Italian technology has been introduced into the product, but also tells people that the product can be satisfactory. "Old Frye" not only means getting old and blessed in Chinese, but also is homophonic with English LONGLIFE.

(2) Methods of drafting trademark names

1. Introduce the formula

This is the most commonly used method. This method is easy to understand, and some introduce places of origin, such as Shanghai, Qingdao and Tianjin; Some introduce functions, such as: divine power, a spoonful of beauty, permanence, Yong Fang, health and happiness.

2. Metaphorical style

The characteristic of this way is that the name is a metaphor, which refers to the characteristics of a certain aspect of a commodity, such as the name of a TV set, the brilliant metaphor of Changhong, the vivid metaphor of Peony and the gorgeous metaphor of Peacock.

3. Prompt type

The characteristic of this way is that although the name is not a metaphor, it can vaguely reveal more other information. For example, "Huari" means Japanese technology of products, "Aerospace" means cutting-edge technology, "Manman" cigarettes mean certain manners and values, and Yuyang brand blankets mean the materials used in blankets.

4. Symbolism

The characteristic of this way is that names can give people rich associations. For example, the Great Wall symbolizes a creative spirit, and the Yellow River symbolizes the ancient times of the Chinese nation, which is a more specific symbol. Some of them are abstract, such as "double ring" and "triangle", which can only be freely associated by consumers.

5. Authoritative style

Authoritative style is characterized by naming with authority. Or borrow celebrities, such as "Li Ning", "Xinghai" or self-appointed authorities, such as "Heavenly Kings" and "Overlord".

make a wish

Wishing is characterized by auspicious and festive names. For example, Beauty, Dafa, Xifumen, Double Happiness and so on.

There are various naming methods, here are only a few of the most commonly used, and the specific application should be handled flexibly according to the actual situation. (Excerpted from Applied Writing No.3 1995 Principles and Methods of Trademark Name Drafting)

[Edit this paragraph] The relationship between trademarks and other concepts

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.

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 trademarks and commodity packaging and decoration

Trademark and commodity packaging and decoration are also closely related, but there are essential differences. The similarity between the two is that trademarks are part of commodity packaging and decoration, and both of them are used in commodity packaging. 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

(1) components are different. 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' trade 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.

[Edit this paragraph] The main features of a trademark

(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.

An ideal trademark should have five characteristics: identification, communication, aesthetics, adaptability and modernity.

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 characteristics, the stronger the appeal of visual expression 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 change, we should respect the rules 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.

[Edit this paragraph] Types of trademarks

According to different standards, trademarks can be mainly divided into the following categories:

(1) Plane trademarks and three-dimensional trademarks

A flat trademark refers to a trademark composed of characters, figures, letters, numbers and colors, or a combination of the above elements. A three-dimensional trademark is a trademark composed of three-dimensional signs with three-dimensional appearance, such as containers, packages and shapes.

(2) Commodity trademarks and service trademarks

Commodity trademarks are trademarks used to distinguish different producers and operators, such as "Changhong" and "Haier". Service trademark refers to the trademark used in service projects to distinguish service providers.

(3) Collective trademarks and certification trademarks

A collective trademark 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. For example, trademarks registered by cooperatives and trade associations are used by cooperative members and association members. 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. For example, the pure wool logo registered and managed by the International Wool Bureau is a famous certification trademark.

[Edit this paragraph] 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 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.

China's Trademark Law does not indicate trademarks that have not been approved for registration or are being registered. For example, the TM logo we commonly use does not exist in China's trademark law, and there is no relevant provision in China. TM logo is only used for reference to foreign usage. It means that the trademark has applied to the State Administration for Industry and Commerce for registration and is currently under examination and approval. There is no other meaning.

Circle R is the mark of "registered trademark", which means that the trademark has applied for registration in the State Trademark Office and passed the examination of the Trademark Office, and has become a registered trademark. R in the circle is the initial letter of English register registration.

Registered trademarks have the characteristics of exclusiveness, exclusiveness and uniqueness. It belongs to the registered trademark owner and is protected by law. Without the permission or authorization of the registered trademark owner, no enterprise or individual may use it, otherwise it will bear tort liability.

The use of TM is a trademark symbol, that is, words, graphics or symbols marked with TM are trademarks, but they are not necessarily registered (unregistered ones are not protected by law). TM is the abbreviation of English trademark.

[Edit this paragraph] Matters needing attention for natural persons applying for trademark registration

According to Article 4 of the Trademark Law of People's Republic of China (PRC), a natural person who is engaged in the production, manufacture, processing, selection and distribution of goods or provides services and needs to obtain the exclusive right to use a trademark shall apply to the Trademark Office for trademark registration. To apply for trademark registration and transfer in the name of a natural person, in addition to submitting the application for trademark registration, trademark patterns and other materials in accordance with the relevant provisions, the following matters should also be noted:

1. Individual industrial and commercial households may apply for trademark registration in the name of the applicant or in the name of the person in charge of licensing registration. When applying in the name of the person in charge, copies of the following materials shall be submitted:

(a) the identity card of the person in charge;

(2) Business license.

2. An individual partnership may apply for trademark registration in the name of the applicant or all the partners. When applying in the name of all partners, copies of the following materials shall be submitted:

(a) the partner's identity card;

(2) Business license;

(3) Partnership agreement.

Three, rural contracting households can apply for trademark registration in the name of the contractor, and shall submit a copy of the following materials when applying:

(a) the identity card of the signatory;

(2) the contract.

4. Other natural persons authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator published in the registration documents issued by the relevant administrative authorities, and shall submit copies of the following materials when applying:

(a) the identity card of the operator;

(2) Registration documents issued by relevant administrative departments.

5. The scope of goods and services that a natural person applies for trademark registration is limited to the business scope approved by its business license or relevant registration documents, or to the self-operated agricultural and sideline products.

6. The Trademark Office will not accept an application for trademark registration that does not conform to the provisions of Article 4 of the Trademark Law, and notify the applicant in writing.

Where the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark.

Seven, apply for the transfer of a trademark, the assignee is a natural person, should refer to the above matters.

The key lies in whether "motherwort sanitary towel" is an exclusive right sign.

If it is recognized as proprietary, it must be renamed; If you can find other manufacturers with the same or similar names, don't pay attention.