What are the trademark terms?

Marks that can play different roles in business, such as trademarks, service marks, names of manufacturers, marks of origin and names of origin. The main function of distinctive signs is to convey all kinds of information about the source and provenance of products, which is not only easy to identify, but also helps customers to make repeated purchases, thus improving circulation efficiency. Any sign or combination of signs that can distinguish the goods or services of one enterprise from those of other enterprises. In most countries, visually visible words, including names, letters, numbers and figures, including color combinations, product shapes and other appearances, and combinations of these elements can be registered as trademarks. In some countries, audio-visual trademarks and even smell trademarks are also protected. By correctly indicating the source of goods or services, trademarks can reduce the time cost for consumers to identify goods or services, and at the same time urge manufacturers who produce or sell goods or provide services to ensure quality and maintain reputation. In modern society, trademarks can also play an advertising role in publicity and promotion.

A registered trademark is a trademark registered by the trademark authority. Because trademarks are intangible, registration is conducive to the publicity and public trust of power ownership, which is convenient for others to search and query. In countries that practice the principle of registration but deny rights, simple use does not produce rights. In the United States and other countries where the principle of confirmation of rights is applied, registration does not create rights, but it can bring convenience in proof.

Unregistered trademark (unregistered trademark)

Direct use of unregistered trademarks. In most countries, pure use does not create any rights. However, in some countries, using the premise of municipal protection, the registration instructions are easy to prove. Some countries also give a certain degree of protection to trademarks that have gained a certain reputation after use. If a trademark is well-known, even famous, then even unregistered trademarks can be protected.

Commodity mark (GOODMARK)

A trademark that identifies the place of origin of a commodity. In the past, trademark law only protected commodity trademarks. According to the different status of trademark owners, commodity trademarks can be further divided into manufacturing trademarks and sales trademarks. manufacturer's marks

A trademark directly registered or used by a manufacturer for its own products. Most trademarks belong to manufacturing trademarks.

Sales trademark (business trademark or trademark)

A trademark registered or used by a shopping mall that does not produce and is only responsible for selecting and distributing goods.

SERVICEMARK (servicemark)

A trademark registered or used by a service enterprise to distinguish services. Although the Paris Convention for the Protection of Industrial Property stipulates that all member countries have the obligation to protect service trademarks, service trademarks are mainly regulated by the anti-unfair competition law in most countries and are not specially protected by the trademark law. It was not until 1946 that the American Langham Trademark Law defined the legal status of service trademarks in the form of written trademark law for the first time. The trademark law treaty also explicitly requires member countries to register service trademarks, and applies the provisions of the Paris Convention for the Protection of Industrial Property on commodity trademarks to service trademarks.

Personal sign

Trademarks independently registered or used by both parties.

Collective trademark

A trademark registered in the name of an industrial and commercial group, association or other collective organization and used by its members is used to indicate that the operator or service provider of the trademark belongs to the same organization.

Certification mark

Trademarks controlled by organizations with the ability to detect and supervise goods or services, but used by people outside it to prove the origin, raw materials, manufacturing methods, quality, accuracy or other specific qualities of goods or services.

Guarantee mark (guarantee mark)

That is, the certification trademark.

Static marker (static marker)

Static trademark. Up to now, most visual trademarks are still static trademarks. Dynamic marking

On the basis of ordinary static trademark, a new one-dimensional trademark-time event is added. It shows a process, not a static picture or shape. As for the auditory trademark and the olfactory trademark, their forms of expression can only be a process, so they are also dynamic trademarks.

Components of a trademark (component trademark)

Also known as trademark object and constituent object. The scope of this factor tends to expand gradually; In the past, it generally only included static plane trademarks, but now it has been extended to three-dimensional and dynamic trademarks. Some countries have broken through visual trademarks and started to protect sound and even smell trademarks. Judging from the recognition ability, the scope of trademark objects is infinite.

Visual mark (visual mark)

Visual trademark is the oldest, most traditional and most effective trademark form. In theory, visual trademarks include all visually perceptible signs, but in fact, the protection of surnames, place names, letters, numbers, slogans and color trademarks is restricted to varying degrees. So far, some countries do not protect three-dimensional trademarks. As for dynamic trademarks, they have just been put on the protection agenda.

Word mark (word mark)

Word mark is a major form of trademark. Because it is easy to call, most enterprises will register to use words as trademarks. Words as trademarks are not necessarily meaningful words, but at least they can be read.

Last name tag

Trademarks using personal surnames. Pure surnames are generally not protected by registration, because they are mainly considered to distinguish the providers of goods or services, not their origins, except surnames with "second meaning". My last name is usually required when registering.

Geographical name mark (geographical name mark)

Generally speaking, the registered trademarks of geographical names are strictly restricted: the names of origin of goods or services should be left to other manufacturers of the same origin for free use, and the use of geographical names other than the origin as trademarks may generally mislead consumers. Therefore, only geographical names that have nothing to do with the origin of goods or services and will not mislead consumers can be protected as trademarks. TRIPSFL agreement strictly prohibits the geographical names of wine and spirits from being registered as trademarks. But in principle, the name of origin can be registered and protected as a certification trademark.

Letter mark

A trademark consisting of abbreviations, prefixes or meaningless letter combinations or even a single letter. The registration of letters has been strictly restricted because of concerns about the limited number of letters. Trademarks composed of less than two letters are usually not considered to have inherent distinctiveness, or must be combined with special fonts or colors, or provide evidence to obtain distinctiveness, otherwise they cannot be protected by trademarks.

Digital trademark (digital mark)

Because it is easy to be confused with the model of goods or services, the registration of digital trademarks has been restricted for a long time. However, due to long-term use, some numbers have gained high prominence and popularity, and finally they were accepted for registration, such as the famous 47 1 1 perfume.

Sloganmark

A trademark usually consisting of short slogans. Original advertising language is generally protected by copyright, but as long as the advertising language can identify the source of a trademark or service at the same time, it does not rule out its trademark protection.

Graphic trademark (graphic mark or design mark)

A trademark consisting of graphic marks and symbols. The original graphic trademarks are generally complicated, and they are basically drawn from nature, such as various plants, animals, landscapes, people and so on. , and then gradually simplified. At present, most of them are abstract lines and geometric figures. 1973 signed the Vienna Agreement on Establishing the Classification of Graphic Elements of Trademarks, which divided the graphic elements constituting trademarks into 29 categories, 144 subcategory, 1569 group.

colour code

A trademark consisting of arrangement, combination, color difference or even a single color. Colors combined with other important ingredients can be used. However, whether a single color, especially a single color can be protected, has always been a controversial issue. In the case of QULITEX v. JACOBSON (1995), the Supreme Court of the United States explicitly admitted for the first time that monochromatic trademarks can be registered and protected if they get a "second meaning".

Plane trademark (two-dimensional trademark)

A visual trademark consisting of only two-dimensional elements. Up to now, most visual trademarks are flat trademarks.

Three-dimensional logo trademark

A visual trademark composed of three-dimensional elements, also known as a shape trademark. Before the TRIPS Agreement was signed, the protection of three-dimensional trademarks had been controversial. As a three-dimensional trademark, a three-dimensional trademark often has stronger visual impact than a flat trademark and can better identify the source of goods or services. However, because some countries are worried that the protection of a three-dimensional trademark may conflict with the protection of copyright, patent, especially design patent, it will not be protected for a long time. At present, countries that protect stereoscopic trademarks generally attach strict restrictions when registering stereoscopic trademarks. For example, a three-dimensional mark must not be determined by the nature of the commodity, must not be necessary to achieve a certain technical effect, and must not give the commodity substantial value.

Shape mark

Generally synonymous with three-dimensional trademark, but sometimes it also refers to a trademark composed of product appearance and its container. The appearance of product containers, such as coca-cola bottle, including the appearance of places where services are provided, may have intrinsic distinctiveness, but the appearance of the product itself is usually considered to directly represent the characteristics of the product itself, and it cannot be protected unless it is remarkable after use.

Group and trademarks (constituent trademarks)

A trademark containing words and graphics. Consumers usually identify the trademark as a whole when buying goods, so it is generally not allowed to divide and compare when identifying infringement, but it does not rule out paying special attention to the particularly prominent words or graphics in the combined trademark.

Holographic marking

In order to improve the defense level and increase the construction cost, some enterprises have begun to make holographic trademarks with the help of laser holographic technology. There is nothing special about the design of such trademarks, which can only be seen through the refraction of light at a certain angle.

Auditory marker

Perceptual trademarks can be recognized by hearing. Although auditory trademarks are not as widely used as visual trademarks, they may attract consumers' attention more easily in some specific occasions. For example, the heroic roar used in the opening of MGM movies is more impressive than the subtitles.

phonetic symbol/transcription

A sign of hearing. Although it is not musical, special sounds can also be used as trademarks, such as natural sounds, special voices of actors, special frequencies of car horns, etc., which may be recognizable when used in combination with goods or services.

Music mark (JUNGLEARK)

Hearing trademark. A trademark composed of beautiful music. Music trademarks can be recorded by music scores. Some radio stations, TV stations and websites have begun to use specific music as opening songs and welcome songs. Some companies also use music trademarks to promote their products. For example, Intel is advertising that its chips are playing music.

Olfactory marker

Trademarks that distinguish the origin of goods or services by different smells are also called odor trademarks. Smell trademarks are relatively rare at present. The world's first odor trademark is a kind of "PIUME-RIABIOSSOMS flower with exciting, fresh and unforgettable fragrance" approved and registered by American TTAB on 1990. In the case of r 156/65438+, although the smell of perfume, as the value of perfume itself, obviously cannot be exclusively enjoyed by a company, the special smell of bath lotion and washing powder can completely distinguish the trademarks.

Smell trademark (SCENTMARK or SMELLMARK)

Smell trademark.

Manufacturer's mark

A trademark identified by taste. Because taste is the characteristic of food or beverage itself, consumers usually don't consider identifying a specific source, but at least in theory, they can't absolutely rule out the meaning that taste may gain after long-term use.

Manufacturer's mark

A trademark used to distinguish the origin of goods or services by the smoothness of the texture. Some enterprises use special materials in business cards, envelopes, company profiles, packaging bags, and even front desk and employee clothing to achieve unique effects.

Associated trademark (ASSOCIATEDMAEK)

Avoid a registration system that is similar to the division and transfer of trademarks and causes public confusion. It was first stipulated by Britain in the Trademark Law of 1938, and was followed by many countries and regions. In fact, the word "joint" in English does not mean "joint". Although all countries have regulations prohibiting the division and transfer of similar trademarks, joint trademarks as a system have basically been abandoned.

defensive mark

A system that allows particularly well-known trademarks to be registered in other categories without assuming the obligation to use them. Joint trademarks, for example, were originally introduced by Britain in the Trademark Law of 1938, but the actual development is not ideal. Some countries, such as Japan, abandoned the joint trademark system in the recent revision of the trademark law and ensured that defensive trademarks were registered.

Original trademark (PRINCIPALMARK)

Compared with the joint trademark that can only be registered but cannot be used and defensive trade mark, the enterprise must fulfill the obligation of the main trademark actually used.

Well-known trademark

That is, a trademark widely known to the relevant public in a country, also known as a well-known trademark or a well-known trademark. According to Article 6 bis of the Paris Convention for the Protection of Industrial Property, although the trademark owner is not registered or even used in a member country, based on the fact that he is well-known in that country, including the popularity generated through promotion, he has the right to request to refuse or cancel the registration of a trademark that may cause confusion and prohibit its use to avoid possible confusion. Some countries also give similar special protection to their well-known trademarks. The special protection of well-known trademarks is an important embodiment of the application of the principle of universal good faith in trademark law. Its purpose is to make up for the consequences of obviously unfair that may be caused by strict implementation of the principle of prior registration or even prior use, so that well-known trademarks can be regarded as the third basis for trademark protection.

famous mark

1995 The Federal Trademark Anti-dilution Act, which was first passed in the United States, was officially promulgated. Its basic characteristics are usually at least relatively obvious, long-term use, wide range of use, many sales channels, high visibility in the defendant's field, and few third parties use the same trademark. Registration is not the main measure. As far as the degree of distinctiveness is concerned, well-known trademarks can't just be relatively conspicuous like ordinary trademarks or even well-known trademarks, but must be absolutely conspicuous. Therefore, well-known trademarks not only have strong recognition ability, but also have strong attraction ability.

A reputable trademark (MARKWITHREPUTATION)

The concept of the same subject has not yet formed a generally accepted definition in European trademark law. Some people think that a reputation trademark does not have to be as well-known as a well-known trademark, that is, as long as it is attractive and has a strong Lenovo image, a trademark that is not necessarily well-known can be called a reputation trademark. Some countries, such as France, believe that a trademark can only be called a reputation trademark if it is at least well-known in the defendant's field. According to the interpretation of the European Court of Justice in GMY v. YPLON, a reputation trademark refers to a trademark that is well known to a considerable part of the public related to the trademark. However, the European Court of Justice has not made it clear whether the goodwill trademark needs to be absolutely significant.

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