How to distinguish the meaning of product trademarks and service trademarks
In the revised Trademark Law, it is stipulated that "this law is related to The provisions on commodity trademarks apply to service trademarks." The intention is to give service trademarks the same legal status as commodity trademarks, and the meaning is positive. However, it is obviously not enough to simply apply the same protection measures for service marks as for commodity trademarks. Because service trademarks are different from commodity trademarks, we must fully consider their different characteristics when protecting them. The differences between the two are briefly analyzed as follows:
1. The objects to be distinguished between the two are different. What a trademark wants to distinguish is a certain commodity, which is generally tangible and represents a certain item. For example, the product trademark of "Feige" brand, what it wants to distinguish is the bicycle product, so that this brand of bicycles can be distinguished from other brands; but this is not the case with the service trademark, what it wants to distinguish is a certain kind of service, which is generally It is invisible and manifests itself in human behavior.
For example, the service mark of "Shangri-La" requires The difference is that the hotel industry is engaged in providing accommodation and services to people, which distinguishes it from the services of other hotels. It can be seen that the difference between service trademarks is much more difficult than that between commodity trademarks and tangible goods.
2. The usage methods and publicity effects of the two are different. Since the product trademarks are to distinguish tangible goods, so It can be directly attached to the goods through printing, pasting and other methods. It is very closely integrated with the goods and circulates together with the goods for people to identify and recognize at any time. Its publicity effect works simultaneously with the goods, often When people get the goods, they see the trademark at the same time. Therefore, the trademark is easier for the public to identify, making it easy to distinguish the products of this brand from those of other brands.
This is not the case with service marks. Its use cannot be directly attached to intangible behaviors. It can only be reflected on the signs and signs arranged in service places, on relevant tools, and in advertising. Its publicity effect must often be achieved with the help of the following publicity media. And its effect also requires multiple aspects and angles. , can attract people's attention only after it appears repeatedly and is emphasized repeatedly.
3. The degree of close connection between the two and the trade name and enterprise name is different. A trade name is also called a trade name. According to the relevant regulations of our country, it is the core element that constitutes the enterprise name and is what distinguishes one enterprise from other companies in the same industry. The key mark that distinguishes an enterprise. Trade name and enterprise name are both property rights.
The connection between product trademarks and trade names and company names is generally not very close. Except for some product trademarks that are connected with trade names and company names, for example, "Goubuli" is the trademark of products such as steamed buns. It is also the trade name and name of the company that produces this kind of steamed buns. However, this is often the case in the minority. In most cases, there is no direct connection between the product trademark and the trade name or company name.
For example, the "Double Money" brand rubber shoes are different from the manufacturer "**Hua Rubber Shoes Factory" There is no connection between the trade name and the company name.Another example is the "Beijing" brand TV, which has no connection with the trade name and name of its manufacturer, "** Communications and Broadcasting Electronics Company". Therefore, in most cases in practice, the connection between the product trademark and the manufacturer's trade name and company name is not very close.This is not the case with service marks. The connection between business names is often inseparable. Especially for the text content, many service marks often directly use the same text as the trade name. For example, the "Shangri-La" service trademark mentioned above is directly represented by the same words as the company's trade name (trade name). This situation abounds, and the list goes on and on.
This characteristic of service marks, whether in Our country, as well as other countries in the world, are very prominent and consistent.
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