What are the differences between origin markings and trademarks
The concepts of the two are different. A trademark is any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, and three-dimensional signs. , color combinations and sounds, etc., as well as combinations of the above elements. Origin mark, also known as "real estate mark", refers to a mark used to indicate the origin of a certain product. The origin mark is an important indicator indicating the production, origin or production, processing, and manufacturing place of the product, as well as the source of a certain service. It can especially play an overall role in preventing infringement damage for products with obvious regional characteristics.
"Trademark Law"
Article 3: Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, Service marks, collective marks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a trademark registered in the name of a group, association or other organization forA sign used by members of the organization in commercial activities to indicate the user's membership in the organization.
The certification mark referred to in this Law refers to the trademark Certain goods or services are controlled by an organization with supervisory capabilities and used by units or individuals other than the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. symbols of. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
The difference between geographical indication and trademark
1. Geographical indication is a product mark used to indicate that the product originates from a certain country, region or place to distinguish similar products produced in other regions. It directly indicates the quality of the product; Although trademarks also have the function of indicating the quality of goods, their use is indirect.
2. There is a permanent difference between the two. Geographical indications are not bound by time and are permanent. After the trademark registration expires, if the enterprise does not take the initiative to apply for renewal, the registered trademark will be cancelled. Geographical indications cannot be registered as trademarks.
3. The rules and standards applicable to the two are different. Trademarks are subject to the Trademark Law, while geographical indications are subject to rules of origin and the Trade-Related Aspects of Intellectual Property Rights Agreement.
4. When goods enter the international trade field, the origin is marked on It plays an irreplaceable and important role in the customs clearance and entry of goods, market access, the reputation effect of international famous brands, breaking restrictions and barriers in developed countries, and regulating international trade and business negotiations.
5. The right to use geographical indications does not belong to any The producer of a commodity belongs to all producers engaged in the production of relevant commodities in the relevant area. It is public property and cannot be transferred. Trademarks can be transferred.
If you encounter a situation that is difficult to distinguish, you can contact a lawyer. Legal Savior Network also provides online lawyer consultation services, and you are welcome to make legal consultations.
