The difference between R and TM in the trademark o

2022-10-14
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The difference between R and TM in drug trademarks

Article 27 of order 24 of the State Food and Drug Administration prohibits the use of unregistered trademarks and other drug names not approved by the State Food and Drug Administration in drug instructions and labels

if a drug label uses a registered trademark, it shall be printed on the corners of the drug label. If it contains words, the font shall not be greater than one quarter of the font used for the general name in terms of single word area

at present, some pharmaceutical enterprises in China often use the registered trade names (drug names marked with "TM") to constantly change the names of drugs, misleading consumers and fooling them. In this regard, the relevant person in charge of Jilin Provincial Drug Administration reminded consumers that when purchasing drugs, they must pay attention to the ingredients of drugs, and it is best to focus on the authorized trade names, that is, the logo marked with "R"

"TM" drugs are often changed and renewed.

yesterday, I saw in some pharmaceutical stores and supermarkets in Changchun that many drug packages were marked with both common names and trade names. Among them, drugs with "TM" trademark in the trade name are common. At the sales counter of anti-inflammatory drugs in a large pharmaceutical supermarket in the railway station, I saw a drug for the treatment of colds, which is commonly known as "Ankahuangmin capsule" and used to be called "quick acting cold capsule", but now its trade name has changed to“ ××× Kang ("TM"). According to the salesperson, there are hundreds of drugs marked with "TM" in their supermarket, and they are often renewed

why are these pharmaceutical enterprises so keen to apply for trade names? Manager Xu of the marketing department of a Pharmaceutical Group Co., Ltd. in Jilin Province said that regular pharmaceutical enterprises register trade names mainly to promote sales. The generic names of drugs are generally professional and difficult to remember. Therefore, enterprises will set up a brand image with a relatively easy to remember trade name. But now some small and medium-sized pharmaceutical enterprises often use the gap of applying for trade names as a weapon of infringement, thus misleading some consumers. As the acceptance period is generally 2-3 years, during this period, if no enterprise or individual raises an objection, the state will officially authorize its trade name. "During this period, even if the state does not approve the trade name of the drug, these infringing enterprises have also benefited from it and caused infringement losses to formal pharmaceutical enterprises."

try to buy "R" drugs when buying drugs

"we just saw these situations, so on August 16, the regulations on stopping the filing of drug 'TM' trademark were issued." Director Yang said that the suspension of the "TM" trademark filing provisions, on the one hand, is conducive to the correct use of drugs by patients; On the other hand, it is conducive to promoting the standardized operation of enterprises, especially the marketing behavior; Thirdly, it is conducive to the establishment of the image and integrity system of the entire pharmaceutical industry. Although at present, some provinces and cities in China have not stopped the registration of "TM" drugs, it is reported that the state may issue corresponding regulations at the end of the year to completely prohibit the use of "TM" signs on drugs

remind patients not to buy drugs out of context. Although in the past two years, the state has clearly stipulated that the trade name of drugs should not be suggestive or misleading, many drugs still took advantage of the "loopholes" before the release of the policy, and "fascinating" through the same word or homophony with the indications. In recent years, many cases of adverse drug reactions are caused by taking the wrong medicine only by looking at the trade name of the medicine. Therefore, the drugs marked with "R" should be the main ones when purchasing drugs

explanation of terms

What do the "R" and "TM" after the trademark mean?

TM "is common in foreign trademarks. It is the abbreviation of English" trade mark ". The Chinese meaning of" trade mark "is" business mark ", so" TM "means" trademark ". Its function is to tell people that the graphics or words it marks are the trademarks of the goods or services, not the names or advertising. "R" is the abbreviation of "register" in English. The Chinese meaning of "register" is "registration". This mark on goods or services is to tell people that the graphics or words it marks are not only trademarks, but also registered trademarks, which are protected by national laws. Without authorization, no other individuals or organizations can use them without authorization. Now you know the difference between TM and R, "TM" is a trademark logo, "R" is a registered trademark logo, and the strength of legal protection of the two is different

in the case that the trademark has not yet become a registered trademark, 4. The electronic universal testing machine selects the cut rectangular sample: the cut rectangular sample is to mark the "TM" mark when cutting the sample in advance, so as to tell the public that this figure or text is used as the "trademark" of goods or services, not the name or advertising, so as to avoid what the power battery enterprise it will do? The graphics or words marked by large enterprises jointly flow into the public domain and cannot be applied for as a registered trademark and enjoy exclusive rights; At the same time, marking "TM" can also be used as a proof of using the figure or text as a trademark. When applying for a registered trademark, you have the right to use it first

when a trademark becomes a registered trademark, it can be marked with "R" or "note" registration mark in the upper or lower right corner, or it can be directly marked as a "registered trademark". Remember that the registration mark must be marked in the upper right corner or the lower right corner of the trademark, which is stipulated in the regulations on the implementation of the Trademark Law of the people's Republic of China. In addition, it should be noted that after applying for trademark registration and obtaining the "acceptance notice" issued by the national trademark office, the registration mark cannot be marked on the trademark before the "trademark registration certificate", because the issuance of the "acceptance notice" by the national trademark office is only the beginning of the trademark registration procedure. This "acceptance notice" only indicates that the Trademark Office has accepted the trademark registration application, but does not indicate whether the application has been approved. In fact, although a considerable number of trademark registration applications have been accepted by the Trademark Office, they were rejected after examination, and finally failed to register successfully. Therefore, it is suggested to mark "TM" instead of "R" during this period, otherwise it will constitute an illegal act of pretending to be a registered trademark, and a fine of less than 20% of the illegal business volume or less than twice the illegal profits will be imposed. TM is the abbreviation of trademark. The trademark of the United States is usually marked with TM, which does not necessarily mean a registered trademark. R is the abbreviation of register, which means registered trademark when used in trademark. According to the implementation regulations of China's trademark law, the use of a registered trademark can be marked with "registered trademark" or registration mark on commodities, commodity packages, specifications or other attachments. The registration marks include (note plus ○) and (r plus ○). Where a registration mark is used, it shall be marked on the upper right corner or the lower right corner of the trademark

therefore, TM and rmosi2 also have some fatal shortcomings: the trademark marks of different countries have no special relationship. Some domestic companies do not understand the legal provisions, blindly imitate American companies, and use TM marks on trademarks

source: tag Forum

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