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Trademarks: They can be divided into word trademarks, figurative trademarks, combination trademarks, commodity trademarks, service trademarks, joint trademarks, and defensive trademarks.
A word trademark refers to a trademark composed of words (Chinese characters, Hanyu Pinyin, minority characters and foreign characters or letters) and numbers. Usually, it refers to a trademark that is only used in Article 8 of the Trademark Law on the combination of six elements of a trademark: words, letters, numbers and their combinations.
Figurative Trademarks. Signs that are composed of geometric figures or other patterns of things and are used on goods or services. The use of figurative trademarks has both the side of ease of identification and the disadvantage of being inconvenient to call.
Figurative trademarks are not restricted by language and writing, and consumers can recognize the brand by simply looking at the picture. However, figurative trademarks are not easy to call, especially more abstract figurative trademarks, because there is no specific title, which hinders people's oral communication, is not convenient for advertising, and affects the sales of goods.
Combination Marks. A sign that is a combination of words and graphics and is used on goods or services. The combined trademark has the advantages of being vivid, eye-catching, easy to identify, and easy to call.
However, the combination of words and graphics must be coordinated, and the central idea of expression must be clear. This kind of combination trademark with a lack of prominence and lack of distinctiveness is not only confusing to consumers, but also difficult to obtain approval for registration when the applicant submits an application for registration of such a trademark.
Product Trademarks. The use of words, graphics or combinations thereof by producers or operators of commodities in order to distinguish the commodities produced or traded by themselves from those produced or dealt in by others. A trade mark may be a word, a figure or a combination thereof with or without any meaning.
Like other trademarks, as long as they do not violate the prohibition clauses of the law, do not harm public morality or the interests of others, and have the distinctiveness of the trademark, they can become a trademark for goods.
Service Marks. A sign used by an operator of a service to distinguish the services it provides from those provided by others. Also known as a service mark.
Like a trade mark, a service mark can consist of words, graphics, letters, numerals, three-dimensional signs and combinations of colors, as well as a combination of the above-mentioned elements.
In economic activities, the "products" of some enterprises are not provided to consumers as tangible goods, but as services of a commercial nature to meet the needs of consumers. Such as tourism services, repair services, insurance services, entertainment services, transportation services, post and telecommunications services and so on. These different "products" offered by different companies also need to be distinguished by different markings.
For example, China's "Civil Aviation", the UK's "British Airways", Germany's "Lufthansa", etc., all provide the same service, but each has a different service mark.
Zhuoyi Intellectual Property.
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Class 3 cosmetics.
Class 9: Electronic products.
Class 25: Clothing: These are the most popular categories for trademark registration (Zhuoyi Intellectual Property).
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Trade names (also known as: enterprise logo, manufacturer logo) mainly refer to the part of the business name used by business operators engaged in production or business activities to indicate their business names when registering, and are the specific signs and names of factories, shops, companies, groups and other enterprises, and enjoy the exclusive right to use them in accordance with the law. Trade name rights fall within the scope of industrial property as defined by the Paris Convention for the Protection of Industrial Property, and trade names acquired through legal registration are also protected by law.
China's laws do not clearly stipulate the right to trade names, but the General Principles of the Civil Law have specific provisions on the protection of enterprise name rights. The right to a trade name has the attribute of personal right, which is closely related to the personality and identity of a specific commercial entity, and is born and extinguished at the same time as the subject's qualifications. The right to a trade name also has the attribute of a moral property right.
According to the general practice in the world, the exclusivity and exclusivity of trade name rights are recognized. The owner of the right to a trade name can not only use his or her trade name in accordance with the law, but also has the right to prohibit others from repeatedly registering or fraudulently using or misappropriating his trade name without authorization, and has the right to file a lawsuit for compensation for infringement of his trade name rights. For the transfer of trade name rights, the laws of various countries have different provisions, and the provisions of the general principles of China's civil law are similar to the provisions of French law
It is permissible to buy, sell, license or pledge a firm.
Trade names and trademarks are closely related and often appear together on the same goods, and in some cases they may be part of the trademark or the same content, but sometimes they are not. There is a difference between a trade name and a trademark in terms of function and nature, which is mainly manifested in:
1) The trademark is mainly used to distinguish the goods, represents the reputation of the goods, and must exist in connection with some specific goods to which it is attached, and the trademark rights belong to intellectual property rights;
The trade name is mainly used to distinguish the enterprise, representing the credibility of the manufacturer, and must be associated with the producer or operator of the commodity.
2) The trademark shall be registered and used in accordance with the provisions of the Trademark Law, and shall have the exclusive right. Its exclusive right is valid nationwide and has a statutory timeliness;
Businesses registered in accordance with the Company Law or the Regulations on the Administration of Enterprise Registration also have exclusive rights. The exclusive right to use it is valid within the jurisdiction of the registered industrial and commercial administrative authority, and it is born and extinguished with the enterprise.
3) In China, trademark rights are protected by a special trademark law; However, the trade name right is only protected by reference to the protection method of the enterprise name right in accordance with the General Principles of the Civil Law.
4) When goods bearing the mark of a company's trade name and containing a registered trademark are sold to another country, it is necessary for the seller to register the trademark in another country, but it is not necessary to re-register the trade name.
When some enterprises register their trade names as trademarks for use, or change the registered trademarks to register as the trade names of enterprises, the trademark and the trade name become the same content or an integral part of it. This is permitted by the Trademark Law, the Company Law and the Regulations on the Administration of Enterprise Registration.
Zhuoyi Intellectual Property.
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Beijing Wuyi International Intellectual Property Answer, collective trademark, refers to the name of a group, association or other organization for the members of the organization to use in commercial activities, in order to indicate the user's membership in the organization.
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This one can be registered. According to the search on the China Trademark Network, the trademark of this name has not been registered, and it can be applied for registration in all classes.
Trademark registration process type stove Jane:
Trademark search (within 2 days) Preparation of application documents (within 3 days) Submission of application (within 2 days) Payment of trademark registration fee Trademark Formal Examination (1 month) Issuance of Trademark Acceptance Notice Trademark Substantive Examination (12 months) Trademark Announcement (3 months) Trademark certificate will be issued.
Or call 010-82685045
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To register a trademark, you must go to the National Trademark Registration Center.
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1. The trademark determined by the preliminary examination violates the provisions of Article 10 of the Trademark Law and uses a sign prohibited by the Trademark Law. 2. The trademark determined by the preliminary examination violates the provisions of Article 28 of the Trademark Law, infringes upon the prior trademark rights of others, and the trademark applied for registration is identical or similar to the registered trademark of another person on the same or similar goods or the trademark that has been preliminarily approved. 3. The trademark determined by the preliminary examination violates the provisions of Article 31 of the Trademark Law and infringes the prior rights of others.
Specifically, it includes the following aspects: 1. The trademark determined by the preliminary examination infringes on the well-known trademark. 2. The trademark determined by the preliminary examination violates the provisions of Article 15 of the Trademark Law, and the person or representative applies for registration of the trademark of the person or representative in his own name without authorization.
3. The trademark determined by the preliminary examination violates the provisions of Article 16 of the Trademark Law and abuses the geographical indication, causing confusion to the public. 4. The trademark determined by the preliminary examination infringes the design patent right or copyright of others. 5. The trademark determined by the preliminary examination infringes the prior special sign right of others.
6. The trademark identified in the preliminary examination is a trademark that has been used by others and has a certain influence by improper means. Zhuoyi Intellectual Property.
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What is the difference between individual and company registration.
One: the stability is different.
When the name or address of the company or the legal person of the company is changed, the trademark must also be changed accordingly; The individual's ID card is generally unchanged, and the trademark does not need to be changed, which is relatively stable.
Second, the ownership is different
The ownership of the trademark in the name of the company belongs to the company, and the legal person or shareholder of the enterprise does not enjoy the exclusive right to the registered trademark, and the company cancels the trademark and the trademark is invalid, and the trademark belongs to the company's property and needs to be liquidated; The trademark in the name of an individual is only owned by the individual, and the establishment or cancellation of the enterprise has no impact on the trademark.
Third, the information required to be provided is different.
1. Registered trademark in the name of the company provides:
A copy of the license is stamped with the official seal;
Representation of the trademark. 2. Provision of registered trademarks in the name of individuals:
Signature of a copy of the self-employed license;
A copy and signature of the ID card of the individual (i.e. self-employed);
Representation of the trademark. Note: If you apply with a self-employed business, you do not need a personal ID card. In addition, foreign individuals from Hong Kong, Macao and Taiwan can use their passports to apply for trademarks directly.
Fourth, the ownership is different
1. The company shall decide the right to use the trademark registered in the name of the company;
2. The trademarks registered in the name of individuals are relatively concentrated, and individuals enjoy the exclusive right to use and control the trademark.
5. Trademark inheritance
A trademark registered in an individual's name can be inherited to his or her children after a certain number of years;
The trademark under the company's name must be transferred before the company wants to be cancelled before it can be inherited to other people or organizations.
The registration process is different
1. The trademark name that an individual or enterprise needs to apply for and the category that needs to be registered are given to the trademark owner, and the trademark pass rate is evaluated, and the direct application with a high pass rate is low, and the trademark is renamed and re-evaluated;
2. The copy of the copy of the business license of the enterprise shall be stamped with the official seal and submitted to the trademark owner in the form of a scanned copy, and the individual shall provide a scanned copy of the copy of the business license of the individual industrial and commercial household and a scanned copy of the personal ID card;
3. Sign the power of attorney for the trademark, with the official seal or signature;
4. Pay the trademark application fee to the first person;
5. The first person submits the trademark registration application;
6. The notice of acceptance of the trademark application can be obtained in about one month.
7. Enter the waiting time of about half a year, and if the trademark registration is passed in the first instance, it will enter the announcement. After the end of the 3-month publication period, the registration and publication will be issued, and then the trademark certificate will be issued. In the end, the right to use this trademark belongs to the individual or enterprise.
In fact, trademark registration is not complicated, you only need to give the relevant information and fees to the trademark ** agency, and the next work will be handed over to them to complete.
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