Holidays are an opportunity to escape from busyness, relax and experience different customs. Just like the National Day holiday just past, I don't know if you are trapped in a sea of people crowded with others at the same time, or hiding in an unknown niche to feed pigeons, or in a daze?
No matter where we go, accommodation will always be the first problem we need to solve on vacation!
So no matter which hotel you stay in, you are actually enjoying the convenience brought by various intellectual property rights, but you just don't notice it.
I have seen countless holiday strategies. Today, let's take a look at the IP strategy and see what intellectual property protection issues will be involved in the hotel industry!
trademark
For the trademark protection of hotels, most people may think that only one catering and accommodation category is registered, and 43 categories are enough.
But in fact, only one service option category cannot guarantee so many aspects. In view of the current situation of hotel trademarks in China, it is best to carry out multi-category registration protection.
For example:
① In addition to catering and accommodation, a very important service of the hotel is reservation service. The service options of online reservation and telephone reservation are not in the 43rd category, but in the 38th category.
At the same time, some large hotels may also have high-end supporting services such as SPA, KTV and gym, so if you want to use trademarks on these services, you need to register trademarks on entertainment service options such as massage, beauty service, KTV+0 and gym.
② Some hotels in China are equipped with staff uniforms. In order to highlight the hotel brand, hotels will use trademarks on uniforms. At this time, trademarks can be registered on 25 types of clothing.
③ Many hotels also like to use trademarks on toilet paper (16), knives and forks (8), cups and plates (2 1), toothpicks (2 1), tablecloths (24) and other details.
On the one hand, it quietly displays the hotel brand, on the other hand, it also brings a sense of belonging and ceremony to the guests through this integrated "supporting facilities". And these can't be protected by applying for a class 43 alone.
④ Some star-rated hotels may also provide some packaged snacks and mineral water with hotel trademarks.
Then 29 kinds of processed meat, fish, fruits and vegetables, 30 kinds of coffee and tea convenience foods, 32 kinds of mineral water, soft drinks and even 33 kinds of alcoholic drinks can be considered for trademark protection.
patent
Generally speaking, most hotels apply for invention patents and utility model patents independently, and they are all hotel service systems and management systems, such as some electronic ordering systems, multimedia service systems, access control and monitoring systems that require electronic equipment.
For those common products in the hotel industry, such as new sheets, professional mattresses and so on. Most hotels will choose to buy such products. However, hotels that have the conditions for such research and development can of course apply for patent protection for inventions or utility models.
The hotel industry also involves using the appearance of hotel buildings to apply for patent protection of design.
Of course, buildings that rely on specific geographical conditions and lack "repeatability" cannot be authorized. That is to say, despite the special design style, resort hotels with mountains and rivers cannot be authorized, no matter how novel and unique their appearance is.
It is also worth noting that a travel website named E Long Travel Network mentioned in its publicity that it has submitted a patent application for the business model of "Hotel Cheap" to China National Intellectual Property Administration.
But in fact, whether the business model belongs to the rules and methods of intellectual activities and whether it can not be authorized has always been the focus of debate in the industry.
As far as the current situation in China is concerned, it is impossible to obtain the patent application right in a purely commercial mode. However, if the model needs to be realized by certain technical means, or by a certain technology (such as using IT technology, having a unique data processing flow and even related hardware), you can try to apply for a patent.
copyright
Hotel industry involves copyright issues, most of which come from trademarks and patents.
For example, hotel trademarks contain original graphics and can register the copyright of artistic works; Some computer software systems derived from electronic management system can also register the copyright of computer software if they are developed by themselves.
In addition, some photos taken by the hotel for advertising can also be copyrighted.
As for the hotel building itself, the laws on architectural works in China are not perfect at present. Architectural design involves originality, reproducibility and aesthetic significance, so it can be regarded as architectural works and thus have copyright. Whether the hotel architectural design can have copyright needs to be judged according to the specific situation.
At the same time, even if you can have copyright, the ownership of personal rights and property rights of architectural design works needs to be negotiated between builders and designers in the contract.
During the National Day this year, the number of overseas tourists reached a record high, reaching 593 million. It shows that the tourism market is developing rapidly.
As the leading pillar of the tourism industry, the hotel industry is still making use of big and small holidays to make profits temporarily, which is tantamount to opportunism in this market where products and services tend to be homogeneous, and may not be able to realize the long-term development vision of enterprises.
In order to be truly invincible in the fierce competition, it is more reliable to take the road of sustainable development.
As a kind of soft power, intangible assets such as registered trademarks, stereotypes, business methods, operation processes, reservation systems and procurement networks of brands with intellectual property rights undoubtedly play an increasingly important role in enhancing the market competitiveness of the hotel industry, which deserves more and more attention and consideration from people in the industry.