How to understand the concept of agricultural product trademarks
Agricultural product trademarks are trademarks applied to agricultural products.
The particularity of agricultural product trademarks makes it To distinguish other commodity trademarks, these particularities come from the characteristics of agricultural products themselves. Therefore, in order to study agricultural product trademarks, it is necessary to first discuss agricultural products.
Agricultural products, as products produced in agricultural production, are closely related to industry Corresponding to the products, its scope is very wide, including both edible agricultural products such as plants, livestock and fisheries, and non-edible agricultural products such as hay, essential oils and animal skins.
In the "International Classification of Goods and Services", Agricultural products are mainly concentrated in categories 29, 30 and 31. Agricultural products are formed through agricultural production or simple primary processing. Their properties and characteristics are mainly affected by local soil, climate, environment and processing technology. Consumers are attracted by the characteristics of specific agricultural products, and agricultural product trademarks serve to guide consumers. The role of choice.
Agricultural product trademarks and geographical indications and agricultural product geographical indications There is a very close relationship between these three concepts. When studying agricultural product trademarks, we must first explore the relationship between these three concepts.
The most fundamental function of a trademark is to distinguish the source of goods and services. This is where the vitality of a trademark lies. Geographical indications are also created to distinguish sources, which determines the essence of geographical indications. It is actually a special type of trademark.
The reasons held by scholars who believe that geographical indications are not trademarks There are three main reasons: First, it is believed that the mark used as a trademark is the creative work of the trademark designer, while geographical indications directly use geographical names to explain the origin of the product. But as we all know, the most important object is not the creative work of the designer in conceiving the mark, but the commercial reputation carried by the mark. Without goodwill, the trademark will become a worthless symbol, and the same is true for geographical indications. Trademarks and geographical indications are only carriers of goodwill, and their formal differences cannot conceal their essential identity.
The second is that the trademark right is a subject-unique Rights, and the subject of geographical indication rights is a collective, which is shared by everyone within a certain range. This reason is even more difficult to establish. The subjects of and are also collective, and they have no uniqueness or exclusivity. However, no one has ever excluded them from the scope of trademarks based on this, even if the rights of ordinary trademarks are protected by After permission is granted, the right owner is no longer unique. Many countries in the world, including my country, have incorporated geographical indications into the system of collective trademarks and certification marks for protection. This approach should not only be regarded as a legislative expediency. It is theoretically well-founded. Looking for.
The third is that trademarks are transferable but geographical indications are not. This is also the difference between ordinary trademarks and special trademarks such as geographical indications, both of which are special trademarks. Trademarks and certification marks are also non-transferable. It can be seen that geographical indications are not an independent concept that exists apart from trademarks. Artificially distinguishing them from trademarks is not only meaningless but also prone to logical confusion in terminology. .
After clarifying the relationship between trademarks and geographical indications , the relationship between agricultural product trademarks, geographical indications and agricultural product geographical indications is easy to discuss. Geographical indications are a subordinate concept of trademarks, but they are not a subordinate concept of agricultural product trademarks. Most geographical indications are applicable to agricultural products. The purpose of geographical indications is to protect those local products with unique characteristics. The characteristics of these products are mostly derived from the unique local natural environment and human factors. The characteristics of agricultural products are also mostly due to natural factors such as climate, soil, and water quality. and the cultivation of humanistic factors such as special craftsmanship, traditional techniques and processing methods.
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