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Meaning of trademark: A trademark is a sign with distinctive features that is used by the producer or operator of goods in the goods it produces, manufactures, processes, selects or distributes goods or the services provided by the provider of services to distinguish goods or services, and is composed of words, graphics, letters, numbers, three-dimensional signs, sounds, color combinations, or combinations of the above elements.
A trademark refers to a visual sign that distinguishes goods or services from different **, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as a combination of the above elements.
After the registration of the relevant competent authorities, the industry enjoys the exclusive right to use a certain brand name and brand logo, which is protected by law and shall not be imitated by any other enterprise. Therefore, a trademark is essentially a legal term that refers to a brand or part of a brand that has been granted exclusive right and is protected by law.
Category of Trademark:
1. A commodity trademark is a trademark used on goods, which is relative to a service trademark.
2. A service mark refers to a sign that is used by a person to distinguish his service from that of others when providing services or in advertising.
3. The collective trademark of Songnakai refers to a sign registered in the name of a group, association or other organization for the members of the organization to use in commercial activities to indicate the user's membership in the organization.
4. Certification trademark refers to a sign controlled by an organization that has the ability to supervise a certain goods or services, and is used by units or individuals 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.
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A trademark is a sign with distinctive characteristics adopted by the producer or operator of goods in its production, manufacturing, processing, selection or distribution of goods or the services provided by the provider of services in order to distinguish goods or services, and is composed of words, graphics, letters, numbers, three-dimensional signs, sounds, color combinations, or combinations of the above elements, and is a product of modern economy. In the commercial field, a trademark can be registered as a trademark, including words, graphics, letters, numerals, three-dimensional signs and color combinations, as well as a combination of the above elements. Trademarks approved and registered by the state are "registered trademarks" and are protected by law.
Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration. In accordance with Article 4 of the Trademark Law of the People's Republic of China, a natural person engaged in the production, manufacturing, processing, selection, distribution of goods or provision of services shall apply to the Trademark Office for trademark registration if he or she needs to obtain the exclusive right to use a trademark. In addition to submitting the Application for Trademark Registration, trademark drawings and other materials in accordance with the relevant regulations, the following matters should also be paid attention to when applying for trademark registration and transfer in the name of a natural person:
1. An individually-owned business may file an application for trademark registration in the name of the applicant with the trade name registered in the Business License of the Individually-owned Household, or may file an application for trademark registration in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:
1) ID card of the person in charge;
2) Business license.
2. An individual partnership may file an application for trademark registration in the name of the applicant with the trade name registered in its Business License or the registration document of the relevant competent authority, or may jointly file an application for trademark registration in the name of all partners. When applying jointly in the name of all partners, copies of the following documents should be submitted:
1) Partner's ID card;
2) Business license.
3) Partnership agreement.
3. Rural contracted business households may apply for trademark registration in the name of the signatory of the contract, and copies of the following materials shall be submitted when applying:
1) ID card of the signatory;
2) Contracting contract.
4. Other natural persons who are allowed to engage in business activities in accordance with the law may apply for trademark registration in the name of the business operator listed in the registration documents issued by the relevant administrative authorities, and shall submit copies of the following materials when applying:
1) The identity card of the operator;
2) Registration documents issued by the relevant administrative authorities.
5. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the scope of business approved by him or her in the business license or relevant registration documents, or to the agricultural and sideline products that he or she operates himself.
6. The Trademark Office shall not accept an application for trademark registration that does not comply with the provisions of Article 4 of the Trademark Law and shall notify the applicant in writing. If the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark.
7. If the transferee is a natural person in the application for transfer of a trademark, the above matters shall be referred to.
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With the circle r, it is the mark of "registered trademark", which means that the trademark has been registered with the State Trademark Office and has been examined and approved by the Trademark Office to become a registered trademark. The r in the circle is the first letter of the English register. Registered trademarks have the characteristics of exclusivity, exclusivity, uniqueness, etc., which are exclusive to the owner of the registered trademark and are protected by law.
TM is the abbreviation of English trademark, which translates to commercial mark, that is, trademark. That is, the words, graphics or symbols marked with TM are trademarks, but they are not necessarily registered (unregistered ones are not protected by law).In China, the TM on the trademark also has its special meaning, and its TM logo does not play a protective role in the trademark, it is different from R, TM means that the trademark has been applied to the State Trademark Office, and it is in the process of examination and also indicates that the trademark has been applied for first, and China adopts the principle of first-to-file.
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Any visible sign that distinguishes the goods of a natural person, legal person or other organization from the goods of another person may be registered as a trademark, including a combination of words, graphics, letters, numerals, three-dimensional signs and colors, as well as a combination of the above-mentioned elements.
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A sign (picture, pictorial, etc.) engraved or printed on the surface or packaging of a commodity that distinguishes it from other goods of the same kind.
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In a narrow sense, it can be understood as "brand".
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Therefore, those who are preparing or planning to start a business should first find a carrier of records for each of their upcoming efforts and register a good trademark for themselves. Let your every effort be seen by others.
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It refers to a visual sign composed of words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, used by producers and operators on goods and their packaging or service marks in order to distinguish their own goods or services from the goods or services of others.
The World Intellectual Property Organization (WIPO) defines a trademark as a sign used to distinguish an industrial or commercial enterprise or the goods of such a group of enterprises.
The International Association for the Protection of Industrial Property (AIPPI) defined a trademark at the Berlin Conference:"A trademark is a mark used to distinguish goods and services provided by an individual or group".
France** in its Trademark Law reads:"Any tangible mark used to identify the products, goods or services of any business may be considered a trademark".
Trademarks are characterized by:
1) A trademark is a mark used on goods or services, which cannot be separated from and attached to goods or services.
2) A trademark is a sign that distinguishes it from the goods or services of others, and has a particularly distinctive distinguishing function, so as to facilitate the identification of consumers. The composition of a trademark is an artistic creation.
3) A trademark is a visual sign consisting of words, graphics, letters, numerals, three-dimensional signs and color combinations, as well as a combination of the above elements.
4) The trademark is exclusive. The purpose of using a trademark is to distinguish it from the goods or services of others and to make it easier for consumers to identify them. Therefore, the owner of a registered trademark has the exclusive right to use his trademark and is protected by law, and without the permission of the owner of the trademark right, no one may use a trademark that is identical or similar to the registered trademark, otherwise, it will constitute an infringement of the exclusive right to use the trademark of the owner of the registered trademark right, and he will bear the corresponding legal responsibility.
5) A trademark is an intangible asset that has value. The trademark represents the quality reputation and corporate reputation and image of the trademark owner's production or operation, and the trademark owner has added value to the trademark through the creativity, design, application for registration, advertising and use of the trademark. The value of a trademark can be determined through appraisal.
Trademarks can be transferred for a fee, and with the consent of the trademark owner, they can be licensed to others.
6) Trademark is the carrier of commodity information and a tool to participate in market competition. The competition of producers and operators is the competition between the quality and reputation of goods or services, and its manifestation is the competition of trademark visibility, the higher the popularity of the trademark, the stronger the competitiveness of its goods or services.
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A brand or a part of a brand is called a "trademark" after it has been registered by the relevant authorities in accordance with the law. Trademarks are protected by law, and the registrant has the exclusive right. A trademark is a mark used to distinguish the brand or service of one operator from the goods or services of another operator.
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