What is the relationship between trademarks and font sizes
Trademarks and font sizes have many functional similarities, the most important thing is is the identification and representation function. A trademark is a sign used by an operator on a trademark or service that has distinctive features and is intended to distinguish the source of the trademark and the service. The font size is a mark used by business owners to indicate their identity. In our country, it usually consists of Chinese characters. But there are also obvious differences between the two.
First of all, the font size is unique, and an enterprise can only You can have a font size, so the font size has a certain personality; there is no such restriction on trademarks. A company can register multiple trademarks on different products.
Secondly, the two registration agencies are different. Enterprise names are registered separately by the national and local administrative bureaus for industry and commerce at all levels, while trademarks are registered uniformly by the Trademark Office of the State Administration for Industry and Commerce. The scope of validity of the two is also different. Trademarks usually only enjoy exclusive rights within the administrative regions and specific industries where they are registered according to law, while trademarks can obtain cross-domain protection if they are recognized as well-known trademarks.
Finally, from the perspective of duration, font size and Enterprises live and die together, and the validity period of a trademark usually has a certain time limit, and enterprises need to renew it in a timely manner.
Since trademarks and trade names are registered by different administrative agencies, trademarks are uniformly managed by the Trademark Office within the State Administration for Industry and Commerce. The registration authorities for trade names are the State Administration for Industry and Commerce and local industrial and commercial administrations at all levels. Administration Bureau, the two industrial and commercial marks were registered separately, and the information was not communicated with each other. This was the objective reason for the conflict.
With the development of market economy, consumer trends To distinguish and identify goods and services through trademarks and trade names. Due to the similarity in the distinguishing and identifying functions of trademarks and trade names, operators no longer strictly distinguish and apply the two industrial and commercial marks when using them. As a result, the identification and representation functions of the two industrial and commercial marks gradually become consistent, and operators do not make any distinction. The use of "" also makes consumers no longer strictly differentiate when identifying products by trademarks and font sizes. Therefore, the convergence of functions makes the conflicts between the two rights become increasingly frequent.
Due to the convergence of trademark and font size functions, This makes it possible to use the registration system to free ride on well-known companies or well-known trademarks. Therefore, driven by profits, some companies use the same trademark or size to cause consumer confusion and spend very little cost to seize the hard work of others. The result - the connection between high-quality goods or services and a trademark or font size.
In specific cases, if trademark rights and The conflict over font name rights should be analyzed based on the reasons for the conflict between the two. If a conflict occurs solely due to objective reasons, it is generally not appropriate to determine it as unfair competition. If there are subjective reasons, that is, the perpetrator has the intention of "free riding", the judgment must be based on the circumstances of the case.
From the perspective of the function of industrial and commercial marks, operators strictly control product quality and carry out advertising activities, so that the industrial and commercial marks are loaded with the goodwill of the enterprise, and consumers also establish a It establishes the connection between the industrial and commercial mark and the product, and can distinguish the source of the product through the trademark. In order to maintain the performance of this basic function, the law gives the industrial and commercial mark owner the exclusive right to use. Whether it is the Trademark Law or the Anti-Unfair Competition Law, the trademark The reason why and font size provide protection is that during the use of this commercial mark, consumers establish a connection with the product.
It can be concluded that the right to industrial and commercial marks arises from the use of the industrial and commercial marks by the right holder, and in the minds of consumers A specific connection is established between the industrial and commercial mark and the goods.
If your problem is more complex, our Legal Savior website also provides online lawyer consultation services. You are welcome to come for legal consultation.
