How are the types of registered trademarks legally defined?

There are many types of trademarks. In my country's revised Trademark Law, different types of trademarks have been formed. They are divided according to different standards such as the object of use of the trademark, the purpose of use, the form of construction, and the level of popularity. So how are the types of registered trademarks legally defined? The editor of Hualu has summarized the relevant knowledge for you for your reference. I hope it can help you.

How are the types of registered trademarks legally defined

1. Product trademarks and service trademarks. This is a classification based on the different objects of use of trademarks. Product trademarks are signs indicating 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 division based on the different purposes of trademark use, and 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. "; "This LawThe so-called certification trademarks refer to those controlled by an organization with the ability to supervise certain goods or services and used by units or individuals other than the organization on their goods or services to certify the origin and raw materials of the goods or services. , manufacturing methods, quality or other signs of specific quality. "The purpose of use of these two trademarks, that is, their respective characteristics, are determined by law and cannot be confused. It is obvious that collective trademarks can only be used by members of the collective and are not allowed to be used by non-members of the collective, while certification trademarks It 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 different according to the form of the trademark. The classification was made. Before the second revision of the Trademark Law, only flat 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 were accepted. Flat trademarks among visual trademarks. For three-dimensional trademarks, they 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 consideration of the international situation, the second revision The Trademark Law stipulates as follows: “Any visible mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional marks and color combinations, and Any combination of the above elements can be applied for registration as a trademark." According to this regulation, the trademarks accepted for registration in China are flat trademarks and three-dimensional trademarks among visual trademarks. Three-dimensional trademarks are trademarks applied for registration as three-dimensional signs.

4. Ordinary trademarks and well-known trademarks. This is divided according to the popularity of the trademark. Ordinary trademarks and well-known trademarks are relative terms. Well-known trademarks were first seen in China in The specific content of the Paris Convention for the Protection of Industrial Property that was signed in 1984 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 it 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 members. In the above Although there is no clear and unified definition of well-known trademarks in the two documents, well-known trademarks have been confirmed. In the second revision of China's Trademark Law, provisions were also made for well-known trademarks, making them a legal entity in our country. A recognized and protected trademark. At the same time, the Trademark Law also stipulates the basic standards for identifying well-known trademarks, that is, the following factors should be considered for identifying well-known trademarks: “(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) The record of the trademark being protected as a well-known trademark; (5)) other factors that make the trademark famous". These basic standards for identifying well-known trademarks will distinguish well-known trademarks from other trademarks.

Legal Savior Network The editor reminds you that collective trademarks and certification marks have appeared internationally and have been included in some international treaties. They were stipulated in my country's administrative regulations earlier than the law, which reflects the reality of these two trademarks. It is necessary. 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 have questions, welcome to consult with a lawyer.