2022/05/12 copyright©️ GOLD KEEN INTELLECTUAL PROPERTY OFFICE

 

What is a Trademark?
 

A trademark is a symbol that represents a brand and serves as an identifier for a company's goods or services. It is something that we encounter every day, and consumers can quickly distinguish the source of a product or service through its trademark. Trademarks can be in the form of text, words, symbols, or graphics, and can even be colors, shapes of goods, packaging shapes, movements, holograms, sounds, or a combination of two or more of these elements.

 

What are the rights protected by trademark protection?
 

  • There are four types of rights protected by trademark registration: trademark rights, certification mark rights, collective mark rights, and collective trademark rights.
  • A regular trademark is primarily used to indicate the source of goods or services in business or trade, and is a symbol used to distinguish them from others.
  • A certification mark is used to certify specific qualities, precision, raw materials, manufacturing methods, place of origin, or other attributes of someone else's goods or services.
  • A collective mark is a symbol used by a legal entity such as a guild, association, or other group to distinguish its members from non-members.
  • A collective trademark is a symbol used by a legal entity such as a guild, association, or other group to indicate the goods or services provided by its members, and to distinguish them from those provided by non-members.
 

Why apply for a trademark?

  • Expanding market
  1.  A trademark can serve as a recognizable symbol for consumers. In a highly competitive industry, a trademark can quickly distinguish a company from its competitors in the eyes of consumers.
  2.  Since consumers can easily remember the qualities and characteristics represented by a trademark, using a trademark on a product or service can help consumers recognize those qualities and characteristics.
  • A trademark can serve as advertising. A trademark is an easily recognizable symbol that helps consumers identify a product. Using a trademark on a product or service can attract consumers' attention.
  • A trademark can be used for licensing and franchising. As businesses expand rapidly, a single store cannot meet the needs of all consumers or the pace of market expansion. By using a trademark that consumers already recognize to represent a business's products or services, a business can expand its locations and reach a wider consumer market through licensing and franchising.
  • A trademark can be used to recognize reputation and represent commercial value. By using a trademark on a product or service over time, consumers can associate the trademark with the quality, characteristics, creditworthiness, and reputation of the product or service. This can help a business stand out from its competitors in a highly competitive industry.
  • Trademarks are territorial.
  • Worldwide protection of trademarks is based on registration and territorial principles. By registering a trademark or logo with the appropriate authority, a trademark owner can "exclusively" use the trademark or logo and prevent anyone else from using it without their permission, or engaging in other activities that would harm their interests.
  • In general, except for famous trademarks or logos, a trademark registered in one country is only protected within the territory of that country. The trademark owner cannot assert their trademark rights outside the territory of that country. Therefore, to enter other foreign markets for marketing and sales, one must obtain trademark registration in those countries and obtain local protection to avoid trademark infringement or infringement on others' trademark rights.

 

Five important points to know about trademark registration:

 

  • Individuals can apply for a trademark.
  • The trademark name can be different from the company name.
  • There is no limit to the number of trademarks that can be registered.
  • If a trademark is approved, it is valid for ten years and can be renewed every ten years.
  • Trademark registration is voluntary and only those who apply can obtain legal protection.
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