Trademarks: A trademark consists of symbols which are used to distinguish goods or services of the same kind from different producers.
It can be expressed by words, images or a combination thereof in one or several colors
Trademarks include:
- Brand of a commodity: sticked on product, product packing to distinguish goods of the same kind from different producers
- Brand of a service: sticked on service means to distinguish services of the same type from different provider
A sign used as a trademark can be:
- Wordings that can be pronounced, have meanings or not, and may be in writing, typing or stylizing
- Pictures, photos
- Words or combinations of words and picture or/and photos
A trademark must:
- Be created from one or several original elements that are easy to recognize
- Not be identical to, or confusingly similar to, another person’s trademark which is described in Trademark application form filed to NOIP or in Trademark registration certificates
- Not be identical to, or confusingly similar to, well-known trademark
Following signs shall not be regconized as trademarks:
- Signs without distinctive characteristics such as simple shapes and geometric shapes, figures, letters, or wordings that can not be pronounced,…, except for such signs that have been widely used and recognized
- Signs liable to mislead, confuse or deceive consumers as to the origin, functional parameters, purpose, or quality of the goods or services
- Signs indicating the time, place of manufacture, common names of goods or sevices