Six characteristics of trademarks

To learn more about trademarks and the important aspects of using trademarks, all business owners need to be clear and understand them. Let’s look at the six characteristics of trademarks below.

1. Dependence

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. Dependency refers to the trademark owner's right to control a specific trademark. It is dependent on the use of the specific trademark on specific goods. If the trademark is not used for a long time, the corresponding trademark right will be lost or will be in a very fragile state. . The dependence of trademark rights is also reflected in the existence of distinctiveness as a trademark mark, because distinctiveness is an inherent requirement for a trademark to perform its distinguishing function. Simply put, trademark rights exist dependent on a specific trademark, and trademarks inherently require that they be distinctive. Therefore, when a trademark loses its distinctiveness, the trademark no longer becomes a trademark, let alone a trademark right.

2. Distinctiveness

A trademark is a distinctive mark, which is different from any narrative, publicly known and public mark, as well as the mark of other people’s goods or services, thereby facilitating the Consumer identification. The distinctiveness of a trademark, also known as the distinctiveness or recognition of a trademark, refers to the attribute that makes a trademark easily distinguishable from other trademarks.

3. Exclusive dominance

Exclusive dominance refers to the trademark owner’s right to exclusively control a specific trademark within the scope of trademark rights, which is mainly reflected in the trademark owner’s right to control its registered trademark. Exclusive use and exclusion of interference from others includes not only one's own use, transfer and licensing of the trademark, but also exclusion of others from interfering with or infringing upon these rights. Based on this characteristic, trademark owners can increase the popularity of their trademarks by expanding advertising and improving product quality, or they can give up their trademark rights.

4. Value

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 or allowed to be used by others with the consent of the trademark owner. A registered trademark is a symbol of the quality of goods and services. Most consumers believe that the quality of goods using this registered trademark is more reliable and it is easier to win the trust of consumers. Moreover, more and more shopping malls and supermarkets require that goods sold in person must use registered trademarks, and goods without registered trademarks are not allowed to be sold in stores. Going forward, as the value of a trademark becomes higher and higher, it can develop into a well-known trademark, a famous trademark, etc. At this time, the value of the trademark is unimaginably high.

5. Competitiveness

Trademark is the carrier of product information and 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.

6. Timeliness

Trademarks are timely, that is, they are valid for 10 years. Renewal is required every 10 years, and there is a grace period for the renewal period. Renewal must be carried out during this period, otherwise the trademark will be cancelled.