Can unregistered trademarks be transferred?
Cannot be transferred. Unregistered trademarks are not protected by law and anyone can register them. According to Article 3 of the Trademark Law, trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.
What categories can registered trademarks generally be divided into?
1. Product trademarks and service trademarks. This is a classification based on the different objects of use of trademarks. Product trademarks are signs that indicate the source of goods, while service trademarks are signs used by service providers to identify their services and distinguish them from others. In China's Trademark Law, service trademarks have been stipulated since 1993, which means that the division of trademark use objects is more realistic and confirms the necessity of using trademarks in the service field. Of course, it also indicates that the scope of trademark protection has been expanded to adapt to the needs of the modern economy. need. Therefore, the Trademark Law stipulates that “a natural person, legal person or other organization that needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes shall apply to the Trademark Office for commodity trademark registration; If you need to obtain the exclusive right to use a trademark for the services you provide, you should apply to the Trademark Office for service trademark registration." These two legal provisions indicate that the biggest difference between commodity trademarks and service trademarks lies in the objects of use. The key to the specific distinction lies in how to define the term service. For example, the insurance industry, banking industry, tourism industry, advertising industry, transportation industry, telecommunications industry, schools, hospitals, etc. are all service fields, including for-profit services and non-profit services. What kind of objects should be used as commodity trademarks or service trademarks can be divided by the administrative department. However, the essential characteristics of these two trademarks are the same, so some legal provisions are universal. Therefore, there are special provisions for trademarks. The provisions of the Law on commodity trademarks shall apply to service trademarks. In this article, some content only mentions the provisions on commodity trademarks, which does not exclude service trademarks, but the same provisions apply to both.
2. Collective trademark and certification mark. This is a classification based on the different purposes of trademark use.And it was only included when the Trademark Law was revised for the second time. The provisions of the Trademark Law are: “Collective trademarks as used in this Law refer to signs 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. ";"The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization for its goods or services to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality." The purpose of use of these two trademarks, that is, their respective characteristics, is determined by law and cannot be confused. It is obvious that collective trademarks only It is limited to members of the collective and may not be used by non-members of the collective. Certification marks cannot be used by the registrant himself, but can only be used by others who meet certain conditions.
3. Flat trademark and three-dimensional trademark. This is a classification based on the different forms of trademark formation. Before the second revision of the Trademark Law, only two-dimensional trademarks were stipulated, that is, trademarks consisting of words, graphics, or combinations thereof, and visually presented on a horizontal plane. In actual registration, only two-dimensional trademarks among visual trademarks were accepted. trademark. Three-dimensional trademarks are listed as registrable trademarks in some international agreements, and three-dimensional trademarks have also been confirmed in some countries. In our country, due to domestic needs and taking into account the international situation, the following provisions were made when revising the Trademark Law for the second time, namely: "Any trademark that can distinguish the goods of a natural person, legal person or other organization from the goods of others." Visual signs, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for registration as trademarks." According to this regulation, the trademarks accepted for registration in my country are flat trademarks and three-dimensional trademarks among visual trademarks. Three-dimensional trademarks are trademarks applied for registration as three-dimensional signs.
4. Common trademarks and well-known trademarks. This is a classification based on the popularity of the trademark. Ordinary trademarks and well-known trademarks are relative terms. Well-known trademarks were first seen in the Paris Convention for the Protection of Industrial Property that my country joined in 1984. The specific content is listed in Article 6bis of the treaty: Well-known trademarks. The World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights also stipulates well-known trademarks and goes one step further than the Paris Convention. It stipulates that when determining whether a trademark is well-known, each member should consider the degree of public awareness of the trademark in the relevant department, including the degree of awareness gained from the promotion of the trademark among the member. In the above two documents, although there is no clear and unified definition of well-known trademarks, well-known trademarks have been confirmed. When my country's Trademark Law was revised for the second time, provisions were also made for well-known trademarks, making them a legally recognized and protected trademark in my country. At the same time, the Trademark Law also stipulated the basic standards for identifying well-known trademarks. If there are regulations, it will be recognizedThe following factors should be considered when determining a well-known trademark: "
(1) The degree of awareness of the trademark by the relevant public;
(2) The duration of use of the trademark;
(3) The duration, extent and geographical scope of any promotional efforts for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Others for which the trademark is well-known factor". These basic standards for identifying well-known trademarks will differentiate well-known trademarks from other trademarks.
The editor reminds you that collective trademarks and certification marks have appeared internationally and have been included in some international treaties. They are also included in my country's administrative regulations. It was stipulated earlier than the law, which reflects the need for these two trademarks in reality. The above is the relevant information summarized for you. I hope it can help you. This website is committed to building an excellent legal consultation platform. If you still If you have any questions, please feel free to consult with a lawyer.
No comments yet. Say something...