Nameplate may not be considered a trademark

A trademark refers to a name that has been successfully registered with the State Trademark Office. The trademark registrant has the exclusive right to use the trademark and holds a certificate issued by the State Trademark Office. And the nameplate is a different concept.

Hello, a trademark refers to a sign used to distinguish goods or services**, which can be words, graphics, colors, sounds, etc. According to the Trademark Law, trademarks can be used for goods, services, and the identification of enterprises. Therefore, if a trademark is for goods, then it can be placed on the product nameplate.

According to the classification of trademarks, trademarks can be divided into 11 classes, which are:

1.Chemical raw materials.

2.Pigments, paints, etc.

3.Daily chemical products.

4.Fuel greases.

5.Pharmaceuticals.

6.Metal materials.

7.Machinery and equipment.

8.Hand instruments.

9.Scientific instruments.

10.Medical devices.

11.Household appliances.

According to the provisions of the Trademark Law, a trademark can be used to identify goods, so if a trademark is used for any of the above types of goods, then it can be placed on the nameplate of the product.

However, it should be noted that the use of trademarks should be in accordance with the relevant provisions of the Trademark Law and should not infringe on the trademark rights of others. At the same time, the use of trademarks also needs to follow the relevant regulations on product identification, and must not mislead consumers.

Therefore, the use of trademarks on product nameplates needs to comply with relevant laws, regulations and standards to ensure legal compliance.

Hello, trademark refers to the sign used to distinguish goods or services**, which is one of the important assets of the enterprise. Placing a trademark on a product nameplate can effectively promote the corporate brand and products, and increase consumer awareness and trust. However, not all types of trademarks can be placed on product nameplates.

According to the Trademark Law, trademarks can be divided into 11 categories, including words, graphics, colors, sounds, three-dimensional signs, dynamic signs, light and shadow signs, tastes, smells, touches and combination signs. Among them, traditional trademark types such as text, graphics, colors, and combination signs can be placed on the product nameplate, while non-traditional trademark types such as light and shadow signs, taste, smell, and touch need to be judged according to the actual situation.

When placing trademarks, it is also necessary to comply with the provisions of relevant laws and regulations. For example, the trademark must be a registered trademark and cannot infringe on the trademark rights and interests of others; The use of the trademark must be within the scope of goods and services within the scope of the trademark registration certificate; The trademark must be clearly visible and must not mislead consumers, etc.

In short, the placement of trademarks needs to be judged according to the actual situation and comply with the provisions of relevant laws and regulations. Only by using trademarks correctly and legally can we effectively improve corporate brand image and product recognition.

It is likely to constitute infringement, and the actor uses a trademark that is identical or similar to its registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner's use of its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to stop the infringement, and the infringer who knows or should know that it is the infringer is also liable for compensation. and where the circumstances are serious, they shall bear criminal responsibility.

If the use of the same words on the same or similar goods and services constitutes trademark infringement, it is deemed that there is no infringement if the categories of goods or services approved for use by the registered trademark are the same or similar to the goods or services used in the allegedly infringing mark. After the use of goods or services by the two constitutes the same or similar, it is necessary to further determine whether the two trademarks themselves are identical or similar, and whether there is a possibility of confusion, so as to determine whether there is infringement.

1. How is trademark infringement determined for trademark use?

The use of trademarks has become an important factor in the determination of trademark infringement. There are two aspects to the use of a trademark in a trademark infringement determination, one is the use of the trademark alleged to be infringing, and the other is the use of the trademark owner. In the sense of the Trademark Law, the above-mentioned use is based on the use of trademarks.

The determination of different infringements shall be based on the different ways in which the plaintiff and the defendant use the trademarks, or with reference to the different types of infringements and the constitutive elements of infringement, and shall not be determined as trademark infringement. The use of the trademark in the alleged infringement shall exclude factors such as fair use of the trademark and exhaustion of trademark rights.

2. How is trademark infringement counted?

1. Unauthorized use of a trademark that has been registered with another person, or a trademark that is very similar to the trademark of another person, constitutes confusion and infringement;

2. Selling products that infringe on the trademark rights of others, subjectively and intentionally;

3. Counterfeiting or selling products with registered trademarks of others without authorization;

4. Causing other damage to the owner of the exclusive right to use the trademark.

Legal Analysis: If the signboard is registered with the Bureau of Industry and Commerce or the Knowledge Security Bureau, it falls within the scope of intellectual property protection.

The legal basis is this:

Trademark Law of the People's Republic of China Article 2 The Trademark Office of the Administration Department of the Industrial and Commercial Bank of China is in charge of the work of national trademark registration and management. The administrative department for industry and commerce has set up a Trademark Review and Adjudication Board to handle trademark disputes.

Legal Analysis: If the signboard is registered with the Bureau of Industry and Commerce or Knowledge Security, it falls within the scope of intellectual property protection.

Legal basis: Article 2 of the Trademark Law of the People's Republic of China The Piliang Trademark Office of the Administration for Industry and Commerce is in charge of the national trademark registration and management. The administrative department for industry and commerce has set up a Trademark Review and Adjudication Board to handle matters concerning the leniency of trademark disputes.

Nameplate definition: After the product is put on the market, it is fixed on the product to provide users with information such as manufacturer's trademark identification, brand differentiation, and product parameter inscription.

The nameplate is also known as the sign, and the nameplate is mainly used to record some technical data of the manufacturer and the rated working conditions, so as to use it correctly without damaging the equipment.

There are metal and non-metallic materials for making nameplates: metals include zinc alloy, copper, iron, aluminum, stainless steel, etc., but they are mainly produced with aluminum, because the effect of the nameplate processed is relatively high-end, durable, and not rusty. Non-metallic categories include plastics, acrylic organic sheets, PVC, PC, paper, etc.

The nameplate is the business card of the device, which is usually installed on the device, and there are detailed parameters of the device on it.

It's not the same. Commercial marks include trademarks, trade names (trade names, trade names), geographical indications, domain names, origin marks, distinctive logos (names, packaging, decorations) of well-known commodities, commercial advertising phrases, corporate logos, etc. The commercial mark right is a collective term for all the legal rights and interests owned by the commercial mark and is one of the important components of the intangible property right of intellectual property.

Protecting commercial markings may be more important than protecting tangible assets in a sense. To protect commercial marks, it is necessary to achieve comprehensive protection, that is, in addition to trademarks, we must also pay attention to the protection of other commercial marks.