What are the concepts and functions of trademarks
1. Definition of trademark
What is a trademark? The current consensus in the world is that a trademark is the ability to combine a A sign that distinguishes an enterprise's goods or services from those of other enterprises. In other words, a trademark is a specific mark used on goods or services. Through this mark, consumers can identify or confirm the producer, operator and service provider of the goods or services. This basic definition indicates the essential attributes and main characteristics of a trademark. Only on this basis can we define trademarks in different forms, build a trademark legal system, and determine its specific content.In China’s trademark law, trademarks are The definition is "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 signs and color combinations, as well as combinations of the above elements." This definition shows that a trademark is a sign that is used on goods and is distinctive. In contemporary times, it is a visual sign. The Chinese Trademark Law’s definition of trademark is accurate and reveals the essential characteristics of trademarks.
2. Function of trademark
Today, people can come into contact with trademarks almost everywhere, and trademarks have entered the minds of many people. Trademarks have a wide range of functions and have many functions that cannot be ignored, mainly in:
(1) The function of identifying the source of goods or the trademark is identifiable, which is the basic function of a trademark , the primary function. Trademarks are created to identify the source of goods, so only those with this function can become trademarks, and those without this function cannot be called trademarks. As a basic function, trademark identification is extended from it, and trademarks also There are several functions associated with it.
( 2) The function of promoting sales. Producers and operators use trademarks to indicate the source of goods. Consumers use trademarks to distinguish similar goods, understand the goods, and make choices. In this way, trademarks become an important tool to open up the market and compete in the market. This is Another important function of trademark.
(3) The function of ensuring the quality of goods is that producers use trademarks to indicate that goods are provided by themselves, service providers use trademarks to indicate that certain services are provided by themselves, and consumers also use trademarks to identify goods or services and identify their quality. Identification is related to the rise and fall of producers and operators. Therefore, the use of trademarks prompts production and operations to pay attention to quality and maintain quality stability. In reality, when a brand fails, the entire enterprise becomes unsustainable. Therefore, the use of trademarks can Make producers and operators feel the pressure of market competition and pay attention to the quality of goods. Trademarks thus play a role in ensuring the quality of goods. Of course, this guarantee is a specific relationship that links producers and operators with consumers through trademarks.
(4) Functions of advertising Modern commercial publicity often centers on trademarks. Through trademarks, product information is released and products are promoted, which are eye-catching, concise and easy to remember. They can attract consumers' attention with the help of specific marks such as trademarks. Deepen the impression of the product. The product attracts consumers, and when consumers choose products with the help of trademarks, the role of trademarks becomes obvious. In reality, trademarks become silent advertisements, which further demonstrates the advantages of trademarks.
(5) Functional trademarks to establish commercial reputation are used to show the source of goods and ensure the quality of goods. Quality, advertising of goods, as an effective means of exploring the market, all of which show that trademarks condense the reputation of the goods marked and the producers and operators of the goods. Trademarks are the embodiment of the reputation of the goods and the reputation of the enterprises related to it. The best mark, therefore, the effective way to establish goodwill is to form a reputable trademark. Such a reputable trademark can not only help consumers choose trustworthy products, but also help producers and operators avoid infringement on their goodwill. And , the wider the scope of trademark use, the greater the role of establishing and maintaining goodwill, so that the competition of enterprises and products becomes the competition of trademarks. The more popular the trademarks are, the stronger the competitiveness will be.
The function of the above trademarks is precisely based on the accurate definition of the trademark , and analyzed from different angles in the context of market economy. These interrelated functions can also be said to be the extension and development of the basic functions and traditional functions of trademarks.
The above content is the relevant answer. If you have other legal questions, you can consult the legal savior. Internet-related lawyers.
