Look at how to put on "brand" legal clothes

The traits of human spiritual activity can exist and solidify more and more apart from human beings, and turn into a huge material wealth. This is the characteristic of the era of knowledge economy. . The rise of "brand" is an outstanding manifestation of this feature. "Brand" is not only the spiritual form of the commodity, but also the solidified form of the personality. It is used as a "commodity".

“Objects” are marked with distinctive signs of human spiritual activity, and show that after modern people’s appearance of “material” consumption, they still interact with other people’s spiritual activities and spiritual characteristics. This is also the foundation of legal protection for “brand”.

Product and brand identity

In today’s era of knowledge economy, the term “brand” has become familiar to people. “Brand” also gradually permeates people’s daily lives. For consumers, the objects of consumption and expenditure are increasingly shifting from physical to commodity-based products. "Brand"; For businesses, creating a "brand" is the success or failure of marketing and become the key to business success. Consistent with the importance of "brand", various disputes related to "brand" have also become the main types of infringement disputes among contemporary enterprises. However, if people pay a little attention, it is not difficult to find that “brands” that are so important in daily life do not have corresponding terms in the law and there is no specific law to protect “brands”. Therefore, this can not help but wonder: For the "brand" as the lifeline of modern enterprises, how is the law protected? To answer this question, it first involves the meaning of "brand" in the legal sense.

The term "brand" has a broader "family lineage." Goods, services, and even newspapers, periodicals, colleges, etc. can all be said to have a "brand" in a broad sense. The "brand" of commodities is the most typical one. Commodity "brand" starts to interpret the legal meaning of "brand".

Commodity "brand" is relative to commodity "real product". The physical product is a commodity that appears in physical form, and the “brand” is a mental form that can be separated from the physical product. The reason why a commodity can form a "brand" is because in the process of the formation of the commodity, due to its unique formula, material selection, processing technology or production process, etc., it has certain differences from other similar products. Unique intrinsic quality, this unique intrinsic quality constitutes the essence of the "brand" of goods. It is this unique intrinsic quality that distinguishes a commodity from other similar products in the market.
In order to make the goods with unique intrinsic qualities easily recognizable by the consumers in the market, it is often necessary to give them differentiated external identifiers so that the products have external features that are distinguished from similar products. By linking an indicative external feature with the intrinsic quality of a particularity, a complete product "brand" is formed.
It can be seen that the "brand" of commodities consists of the above two aspects: the commodity quality that constitutes the essence of the "brand" and the external identification of the commodity that indicates this kind of quality. The special nature of the product itself is the basis for the formation of the "brand" and is the essence of the "brand".

As stressed by the theory of labor value, the value of a commodity is given by the human labor that has condensed therein. This conclusion can be described as appropriate for the "brand" of the product. Regardless of the intrinsic distinguishing characteristics of a product, which part of the product is produced, the root cause is the uniqueness of human labor. The uniqueness of labor is created by the uniqueness of spiritual activities. Therefore, the uniqueness of commodities is, in the final analysis, the uniqueness of human spiritual activities condensed therein, and the characteristics of goods are the physical manifestations of spiritual characteristics. In this sense, "brand" as a mental form of goods takes precedence over physical objects in physical form. "Brand" is a unique representation of human mental activity condensed in commodities, and physical goods are the material carrier of "brand".

The texts, patterns, colors, and combinations used as external marks of products are themselves the product of human spiritual activities. The uniqueness of these spiritual achievements enables them to have significant distinction and recognition functions. However, when these spiritual achievements are used as external identifiers of goods, the spiritual characteristics they contain are absorbed by the spiritual characteristics contained in the goods. These unique spiritual results ultimately indicate the uniqueness of the formed goods by indicating the unique qualities inherent in the goods. Human spiritual activity.

From the analysis of “brand” above, we can see that the essence of “brand” is the characteristic of human spiritual activity contained in it. Therefore, in the modern industrial society, “brand” represents the “materialized” personality that condenses in the commodity. . Through the intermediary of "brand", commodity producers have established personal contacts with the survivors in every corner of the world. (to be continued)