What are Business Signs?
Refers to marks in the industrial and commercial field that have the function of identifying the source and quality of goods, such as trademarks, trade names, geographical indications, country of origin names, quality marks, and so on. Can also be a business tag.
Business tag
Right!
- Chinese name
- Business tag
- Definition
- Sources of identified goods in the industrial and commercial fields
- Provenance
- WIPO Convention
- Classification
- Situations belonging to different rights holders
- Refers to marks in the industrial and commercial field that have the function of identifying the source and quality of goods, such as trademarks, trade names, geographical indications, country of origin names, quality marks, and so on. Can also be a business tag.
- Article 2.8 of the Convention of the World Intellectual Property Organization stipulates that rights related to commodity trademarks, service marks, trade names and other commercial marks shall be included in the scope of intellectual property rights. The convention stipulates that "no reservations can be made," and China, as a member of the convention, should consider that it has accepted the above provisions.
- However, at present, the coordination and cooperation of trademark legislation with other commercial mark legislations such as business names, geographical indications, and appellations of origin have not been resolved, and the phenomenon of the co-occurrence of name rights and trademark rights is particularly prominent. There are two main types of repetitive trade names and competition between business names and trademarks in China:
- One is the situation where two rights belong to different rights holders. For example, in 1999, Hangzhou Zhang Xiaoquan Scissors Factory sued Shanghai Zhang Xiaoquan Knife and Scissors Headquarters trademark infringement case, which involved a conflict between Shanghai Zhang Xiaoquan Knife and Scissors Headquarters name right and "Zhang Xiaoquan" famous trademark right.
- The other is a situation where rights belong to the same right holder, thus forming a dual protection of specific objects.
- This is divided into two cases:
- The first is the integration of business names and trademarks, the registration of well-known business names as trademarks, and the best protection of business names by registration in relevant countries;
- The second is to name enterprises with trademarks, expand the scope of trademark awareness and trademark protection, and eliminate blank areas of trademark protection.