What is a joint trademark? What is a defensive trademark

Joint trademark and "defensive trademark" are not a type of trademark classification, but a method and means of active trademark registration, to be precise, "joint registration or defensive registration of trademarks".

Trademarks are divided into commodity trademarks, service trademarks, collective trademarks, and geographical indication trademarks; There are 45 classes of trademark classification and services.

By taking the initiative to register in multiple classes or even all classes, you can effectively prevent others from improper registration of trademarks in relevant classes, avoid damage to your own interests, and also realize "active occupancy", reserve space for the future development of enterprises, and grasp the initiative to protect the exclusive right to use registered trademarks.

A joint trademark refers to a trademark owner who registers several similar trademarks on the same goods, or several identical or similar trademarks on different goods of the same class, and these similar trademarks are called joint trademarks. Among these trademarks, the first registered or mainly used main trademark, the rest are joint trademarks. Due to the particularity of the role and function of the joint trademark, one of the trademarks is idle and will not be revoked by the national trademark authority.

Due to the overall similarity of joint trademarks, joint trademarks may not be used or transferred separately across classes.

A defensive trademark refers to a number of identical trademarks registered by a well-known trademark owner on goods or services in different classes other than the goods (services) or similar goods (services) approved for use by the registered trademark, in order to prevent others from registering the same trademarks on these classes of goods or services. The original trademark is the main trademark, and the rest are defensive trademarks.

Tianjin trademark registration Mr. Wang.

Legal Analysis: The difference between a joint trademark and a defensive trademark is:

1. The joint trademark is suitable for enterprises that only deal in one type of product;

2. Defensive trademarks are suitable for enterprises operating a variety of types of products;

3. A joint trademark is to register a similar product trademark in the same class of trademarks to protect the exclusivity of your product in this type of trademark;

4. The defensive trademark is a registered trademark in all kinds of trademarks to ensure the uniqueness of your trademark in all categories of trademarks;

Legal basis: Article 10 of the Trademark Law of the People's Republic of China The following signs shall not be used as trademarks

1) It is the same or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc., of the People's Republic of China, as well as the name or symbol of a state organ, the name of a specific place where it is located, or the name or graphic of a landmark building;

2) It is the same or similar to the national name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of that country**;

3) The name, flag, emblem, and so forth of the same international organization are the same or similar, except where with the consent of the organization or where it is not easy to mislead the public;

4) It is identical to or similar to the official mark or inspection mark indicating the exercise of control or guarantee, except where it is authorized;

5) Identical or similar to the name or emblem of the "Red Cross" or "Red Crescent";

6) Ethnically discriminatory;

7) It is deceptive and easy to mislead the public about the quality and other characteristics of the commodity or the place of origin;

8) It is harmful to socialist morality or has other negative influences.

The place name of the administrative division at or above the county level or the foreign place name known to the public shall not be used as a trademark. However, the geographical name has other meanings or is an integral part of a collective mark or certification mark; Trademarks that have been registered for the use of geographical names continue to be valid.

Legal Analysis: A joint trademark generally refers to a number of similar trademarks registered by the same trademark owner on the same or similar goods. A defensive trademark refers to a number of identical trademark families registered by a well-known trademark owner on goods or services in different classes other than the goods (services) or similar goods (services) approved for use by the registered trademark, in order to prevent others from registering and using the same trademark on these classes of goods or services.

Legal basis: Article 9 of the Trademark Law of the People's Republic of China shall have distinctive features and be easy to identify.

The difference between a joint mark and a defensive mark is:

1. The joint trademark is suitable for enterprises that only operate one type of closed-source products;

2. Defensive trademarks are suitable for enterprises operating a variety of types of products;

3. A joint trademark is to register a similar product trademark in the same class of trademarks to protect the exclusivity of your product in this type of trademark;

4. The defensive trademark is a registered trademark in all kinds of trademarks to ensure the uniqueness of your trademark in all categories of trademarks;

The purpose of registration of a defensive trademark and a joint trademark is the same: to protect a well-known trademark from infringement and to prevent innuendo by others.

1. The emergence of joint trademarks is because the similarity of trademarks or the similarity of goods is often not very clear, and there is no strict standard for judgment and determination, and it changes with the difference of time and place, so it is difficult to prevent others from registering or using similar trademarks on similar goods, and once this situation occurs, it is often difficult to cancel the registration of others or prohibit the use of others.

Therefore, people can prevent this by registering a joint trademark, which plays a preventive role. In some cases, it is also because of the infringement of similar trademarks that manufacturers are forced to register joint trademarks.

2. The purpose of registering a joint trademark is also to meet the needs of enterprise development and new product development.

For powerful enterprises, a wide range of products, new products continue to emerge, old products are constantly updated, so in business dealings with new goods similar to Hu goods, the use of trademarks similar to the original registered trademark, not only can use the old brand, but also show the style of new products, which can be described as a multi-win. Joint trademarks meet this need.

China's Trademark Law does not stipulate the content of joint trademarks, but many manufacturers have actually applied the strategy of joint trademarks and given full play to the role of joint trademarks.

Netizens asked: What role can a joint trademark play, and what is the specific role?

Lawyer: Joint trademarks have the following functions:

1. The subject of the joint trademark is also the owner of the main trademark, and the two should be consistent. The goods approved for use in the joint trademark are the same or similar to the goods approved for use in the main trademark. In addition, the joint trademark should be similar to the main trademark in terms of sound, shape and meaning.

2. The joint trademark registration is not to use it for the purpose of splitting the army, but to form a protective perimeter for the main trademark.

3. Joint trademarks can be registered separately, but each of them cannot be transferred separately, but must be transferred together with the entire joint trademark, and the same is true for the license to use the joint trademark.

4. Each trademark in the joint trademark is relatively independent, and the cancellation or termination of one of the trademarks does not affect the validity of the other trademarks.

The difference between a joint trademark and a key hall defense trademark is: 1. A joint trademark is suitable for enterprises that only operate one type of product; 2. Defensive trademarks are suitable for enterprises operating a variety of types of products; 3. A joint trademark is to register a similar product trademark in the same class of Fuzao trademarks to protect the exclusivity of your products in this type of trademark. ”