Trademarking: What is a Trademark?
Trademarks and service marks are words, names, symbols, or devices used by manufacturers of goods and providers of services to identify their goods and services, and to distinguish their goods and services from goods manufactured and sold by others. Some of the most famous examples of trademarking are: BIOMAGIC® for medicine, Apple® for computers, and the FLYCO® for electric appliances.
Trademarking: Availability of Protection
Trademarking is available for words, names, symbols, or devices that are capable of distinguishing the owner’s goods or services from the goods or services of others. A trademark that merely describes a class of goods rather than distinguishing the trademark owner’s goods from goods provided by others is not protectible. For example, the phrase “corn flakes” by itself is not protectible as a trademark for cereal because that term describes a type of cereal that is sold by a number of cereal manufacturers rather than distinguishing one cereal manufacturer’s goods.
Obtaining Protection through Trademarking
The most effective trademark protection is obtained by filing a trademark application form in the China Patent and Trademark Office. Although Trademark law also considers unregistered but prior use trademarks, but such protection is very limited.