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A trademark is a mark that distinguishes goods from services**. According to different classification standards, trademarks can be divided into different types, and the most common method is to divide trademarks into two basic types: commodity trademarks and service trademarks, among which commodity trademarks and service trademarks can be divided into general trademarks, collective trademarks and certification trademarks.
Trademarks can also be divided into types according to the following criteria: 1. According to whether the registration is approved by the Trademark Office, it can be divided into registered trademarks and unregistered trademarks; 2. According to the different ways of perception, it can be divided into visual trademarks, auditory trademarks (audio trademarks) and olfactory trademarks (smell trademarks). There are two types of visual trademarks: flat trademarks and three-dimensional signs (three-dimensional trademarks).
At present, auditory trademarks and olfactory trademarks cannot be registered and protected in China; 3. According to the number of trademark rights subjects, it can also be divided into single-owner trademarks and co-owned trademarks.
According to Article 3 of the Trademark Law, a trademark approved for registration by the Trademark Office is a registered trademark, including: commodity trademark, service trademark, collective trademark and certification trademark. That is, these four types of trademarks are clearly divided into four basic types of registered trademarks in law.
A trade mark, as the name suggests, is a trademark used on goods, as opposed to a service mark.
Service mark refers to the sign used by natural persons, legal persons or other organizations to distinguish their services from those of others when providing services or in advertisements.
A collective mark is a sign registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
A certification mark refers to a sign controlled by an organization that has the ability to supervise a certain goods or services, and is used by an entity or individual other than the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
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Chinese trademarks are based on the internationally accepted Nice Classification, with a total of 45 categories, of which classes 1-34 are commodity trademarks, and classes 35-45 are service trademarks. There are different groups in each category, you can select the corresponding category according to your needs, and then enter the four-digit code group to select the six-digit code goods and services as the specific protection goods for the registration application.
Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, can be registered as a trademark.
The types commonly referred to are Chinese trademarks, English trademarks, figurative trademarks, and combination trademarks.
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The classification of trademarks is as follows:
1. According to the structure of the trademark, it can be divided into word trademarks, figurative trademarks, and graphic and word combination trademarks;
2. According to the use and function of the trademark, it can be divided into commodity trademarks and service trademarks;
3. According to the different owners and users of trademarks, they can be divided into manufacturing trademarks, sales trademarks, and collective trademarks;
4. According to the management of trademarks, they can be divided into registered trademarks and unregistered trademarks;
5. According to the trademark user's motivation for using the trademark, it can be divided into joint trademarks, defensive trademarks, and certification trademarks;
6. According to the meaning of the trademark, it can be divided into meaning trademark and non-meaning trademark;
7. According to the way the trademark is used, it can be divided into main trademark, sub-trademark, commodity group trademark, and specific commodity trademark;
8. According to the carrier classification of trademarks, they can be divided into plane trademarks, three-dimensional trademarks, sound trademarks, smell trademarks, etc.
Article 3 of the Trademark Law of the People's Republic of China A trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.
For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.
Article 4 Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected.
The provisions of this Law relating to commodity trademarks shall apply to service trademarks.
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According to the relevant provisions of the Trademark Law of the People's Republic of China, there are generally 45 types of trademarks, and the registrant should use the trademark within the scope of which class of trademark the registrant has registered, and shall not exceed the scope of the trademark.
Nowadays, the trademarks in China's trademark law are divided into: 1. Word trademarks, which are trademarks composed of words; 2. Graphic trademarks, which only use trademarks composed of graphics; 3. Three-dimensional sign trademarks, also known as three-dimensional trademarks; 4. Color combination trademarks, trademarks composed of color arrangement; 5. Odor trademarks; 6. Digital trademarks, trademarks composed of numbers; 7. Combination trademarks, trademarks composed of various graphics, letters, etc.; 8. Sound trademarks, trademarks made of musical notes; 9. Alphabet trademarks, trademarks composed of letters and pinyin. Commonly used types of trademarks are alphabetic trademarks, figurative trademarks, word trademarks and digital trademarks.
Article 3 of the Trademark Law stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. Article 6 of the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China (amended in 1999) In accordance with Article 3 of the Trademark Law, collective trademarks and certification marks approved and registered by the Trademark Office are protected by law. The measures for the registration and management of collective trademarks and certification marks shall be formulated separately by the State Administration for Industry and Commerce in conjunction with relevant departments.
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First of all, we know that there are five types of trademarks recognized by the Trademark Office, namely:
1. Registered trademarks.
2. Commodity trademarks.
3. Service Marks.
4. Collective trademarks.
5. Certification trademarks.
And the trademarks are divided into 45 categories, 1 to 34 are commodity type trademarks. 35 to 45 is a service category trademark, so how do you know which category your industry belongs to? In fact, it is very simple, you just need to understand what these trademarks do, as long as you match your own brand, then you can register.
The following is a list of trademark categories. Look at the picture to find out!
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At present, China's trademarks are divided into word trademarks, figurative trademarks, letter trademarks, digital trademarks, three-dimensional sign trademarks, color combination trademarks, combination trademarks, sound trademarks, and smell trademarks. The most commonly used are word marks, figurative marks, alphabetic marks and numeric marks. A word trademark refers to a trademark composed of words only, including Chinese characters and minority characters, foreign characters and Arabic numerals, and various combinations of different characters.
A figurative trademark is a trademark that is constructed with a mere figure. Among them, they are divided into mark trademarks, geometric graphic trademarks and natural graphic trademarks. A letter trademark refers to a trademark composed of pinyin characters or pinyin symbols, including pinyin characters, foreign languages such as English letters, Latin letters, etc.
A digital trademark is a trademark composed of Arabic numerals, Roman numerals or capitalized numbers in Chinese. Legal basis: Article 11 of the Trademark Law of the People's Republic of China The following signs shall not be registered as trademarks:
1) There is only the generic name, graphic and model of the commodity; (2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the commodity; (3) Other lack of distinctive features. Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.
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Trademarks are divided into 1-45 categories, and the trademark classes can be selected according to the type of products and services, as shown in the figure below.
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Trademark Classification Details:
1. Classification according to trademark users
1) Commodity trademark: Commodity trademark is the most basic form of expression of trademark, and the common trademarks are basically commodity trademarks, and commodity trademarks are subdivided into industrial trademarks of commodity producers and commercial trademarks of commodity sellers.
2) Service trademarks: Service trademarks are mainly signs that distinguish them from other similar service items, such as aviation, insurance, hotels, television stations and other units, which are unique signs, which are service marks.
3) Collective mark: A collective mark is usually registered in the name of a group, association or other organization, specifically for the use of the members of the organization in commercial activities, and to indicate the user's membership in the organization.
2. Classification of trademark use
1) Business trademark: It is usually a trademark for a manufacturer or operator who uses a specific logo or enterprise name on the goods manufactured or operated by himself.
2) Certification trademarks: generally controlled by third-party organizations that have the ability to supervise goods or services, these trademarks are mainly used to prove the origin, raw materials, manufacturing methods, quality or other specific quality marks (such as green food mark, leather mark, electrician mark, etc.) of the goods or services.
3) Grade trademark: refers to the same trademark or different trademarks used on specific goods with different characteristics (such as quality, specification, and grade). In order to reflect the grade of the product, slightly different fonts, graphics, colors, printing techniques, etc. may be used to reflect the grade of the product.
4) Collective trademarks: refers to the use of multiple trademarks on similar goods to distinguish varieties, specifications, grades, ** and other characteristics, and these trademarks are usually registered at the same time as a group.
5) Family trademark: It is a trademark (also known as a derivative trademark) that is based on the same trademark and then combined by using various words or graphics to finally use it on various goods produced by the same enterprise.
6) Standby trademarks: As the name suggests, this type of trademark is usually to register several trademarks on the same goods (or similar goods) at the same time (or separately), and then take them out and use them when needed. For example, Alibaba and Xiaomi have registered a large number of similar trademarks.
7) Defensive trademarks: Defensive trademarks are usually used by well-known businesses and are used to prevent other businesses from using the same trademark on different classes of goods. If you register your own trademarks separately on non-similar goods, you will be called a defensive trademark.
8) Joint trademark: refers to the same trademark owner, on the same or similar goods to register several identical or similar trademarks (such as similar words or graphics), these trademarks are called joint trademarks, the main thing of this kind of trademark is to prevent others from counterfeiting or registering similar trademarks.
3. Classification of trademark influence
1) Ordinary trademarks: The vast majority of trademarks are ordinary trademarks, which are used in general and are not protected by special laws.
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