What Is The Constituent Elements Of A Trademark?

CONSTITUENT ELEMENTS OF MARKS is also known as the object and object of trademark right.

The constituent elements of a trademark generally include words, figures, letters, numbers, three dimensional signs, colors, hearing, smell, taste and touch.

However, over the past few years, the scope of this element has been gradually expanding. In the past, only static planar trademarks have been extended to stereoscopic and dynamic markings, and some countries have broken through visible signs to protect the voice and even smell trademarks.

From the perspective of identification ability, the scope of trademark object is unlimited.

The Japanese concession office announced in October 27th that it first approved the registration of new types of trademarks such as voice and dynamic.

There are 43 registered trademarks, including the familiar melodies in advertising such as Jiu Guang pharmaceuticals and flavors.

This is the development trend of the industry. I believe it will be in the near future.

It will also usher in a breakthrough.

Prohibition of trademark use

The lawyer reminded us that although the scope of trademark object is unlimited from the perspective of identification ability, the following symbols are clearly prohibited as trademarks in China:

(1) for all trademarks

A, the same as or similar to the national name, national flag, national emblem, military flag or medal of the People's Republic of China, as well as the name of the specific location of the central state organ or the name and figure of the landmark building.

B, which is the same or similar to the foreign country name, national flag, national emblem or military flag, unless the consent of the government;

C, which is the same or similar to the name, flag or emblem of an international organization, unless otherwise agreed by the organization or misleading the public.

D, which is the same or similar to the official mark indicating the implementation of the control, the official seal or the inspection mark, except authorized.

E, the same or similar as the name and symbol of the Red Cross and the Red Crescent.

F, with national discrimination;

G, exaggerating publicity and fraudulent.

H, harmful to socialist morality or other adverse effects.

The names of the administrative divisions above the county level or the foreign names that the public knows are not trademarks.

However, the place names have other meanings or are excluded from the components of collective trademarks and certification trademarks; trademarks already registered for the use of geographical names will continue to be valid.

There is a geographical indication of a commodity in the trade mark, which does not originate from the area marked by the logo, and misleads the public. It does not register and prohibit the use. However, the registration has been carried out in good faith.

As mentioned in the preceding paragraph

It means marking the origin of a commodity in a certain area, the specific quality, reputation or other characteristics of the commodity, which is mainly determined by natural or cultural factors in the region.

(2) only for registered trademarks.

The following marks shall not be registered as trademarks:

A, only the general name, graphics and type of this commodity.

B, directly representing the quality, main raw materials, functions, uses, weight, quantity and other characteristics of commodities.

C, lacking distinctive features.

The marks listed in the preceding paragraph can be regarded as significant features after being used and are easy to identify.

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In order to avoid violations of the above prohibition regulations when applying for registration, you can consult the relevant laws and regulations through consulting the Trademark Law of the People's Republic of China, and you can also consult lawyers free of charge.

A trademark is a product marked by a producer or an operator in the production, manufacture, processing, picking or distributing of goods, or a service provider's service on the services provided. It is a product of the modern economy, which is used to distinguish the source of goods or services.

In the commercial field, the trademark approved and registered by the state is "registered trademark" and is protected by law.

The trademark protects the trademark registrant by ensuring that the registrant enjoys the right to use the goods or services, or to authorize others to use the exclusive right to get remuneration.