Conditions for applying for trademark registration 1. Conditions of the applicant for trademark registration:
China applicants for trademark registration are natural persons, legal persons or other organizations.
When a foreigner or foreign enterprise applies for trademark registration in China, the Trademark Office shall handle it according to the agreement signed between the country to which it belongs and China or the international treaties to which it is a party, or according to the principle of reciprocity.
2, apply for trademark registration should have the conditions:
(1) A trademark applied for registration must have constitutive requirements;
(2) The trademark applied for registration shall be significant;
(3) A trademark applying for registration shall not use any sign prohibited by law.
(4) The trademark applied for registration shall not be the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods or services.
(5) The trademark applied for registration shall not be the same as or similar to the registered trademark that has been revoked or cancelled for less than one year.
Trademark registration process 1. Formal review
After formal examination, if the application procedures are complete and the application documents are filled in accordance with the regulations, the Trademark Office will issue a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection shall be issued and returned, and the application date shall not be retained.
If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue the Notice of Correction of Trademark Registration Application. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If it is not corrected or corrected within the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process II. Substantive inspection
Trademark applications enter substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve the trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
If the application is rejected, a notice of rejection shall be issued to the applicant.
If the Trademark Office considers that the contents of the application for trademark registration can be modified, it shall issue an examination opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
A trademark that has been preliminarily examined and approved shall be announced by the China Trademark Office in the Trademark Announcement.
Within three months from the date of announcement, anyone may raise an objection to the trademark preliminarily approved by the China Trademark Office.
If it is ruled that there is no objection or the objection is untenable, the China Trademark Office will approve the registration, issue a trademark registration certificate, and make an announcement in the Trademark Announcement; If the objection is established, the registration shall not be approved.
Review request
In the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision on approval or disapproval of registration and notify the applicant in writing. If a party refuses to accept the objection ruling of the Trademark Office, he may request a review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision and notify the parties in writing.
Under what circumstances can it not be regarded as a trademark? (a) only the common name, figure and model of the commodity.
The common name, figure and model of a commodity are recognized and used by a certain industry, and some of them are different from other commodities. No one should monopolize, and the use of common names and graphics as trademarks may also harm the interests of other practitioners in the same industry and violate the principle of fair competition. Because these signs themselves do not have the function of distinguishing different operators, when the common names, figures and models of these goods are used as trademarks by an operator for their own goods, and consumers can distinguish the goods with their signs from other similar goods through use, they should be considered to have achieved remarkable results and can be registered as trademarks. For example,? PDA？ Initially, it was a generic term for PDA. When a PDA manufacturer takes it as the trademark of his own product, it is completely compatible with similar products? Business communication? 、? Celebrity? 、? Quick translation? When it is distinguished, it can be considered as identifiable and can be registered according to the existing laws. Of course. PDA？ At that time, it was forbidden by law to register the common name of a commodity as a trademark, not because it was recognizable through use, but because the examination department of the trademark authority did not understand it? PDA？ What's wrong with the common name PDA? Accident? It must be pointed out that even if this trademark is registered, the trademark owner has no right to prohibit others from using the common name on similar goods because it is? Public property? .
(2) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of a commodity.
It is forbidden to directly use words and graphics representing the characteristics of commodities as trademarks, which is the same as the above-mentioned reasons for prohibiting the use of common names and graphics of commodities as trademarks. It should be pointed out that what is prohibited by law is only display? Direct? Signs indicating the quality, main raw materials, functions, uses, weight and quantity of goods, indirectly? Signs that indicate or imply certain characteristics of goods are not prohibited, because signs that indirectly indicate or imply certain characteristics of goods may often be trademarks with distinctive characteristics. Even a sign that directly indicates the characteristics of a commodity can obtain remarkable characteristics after use, for example, for dairy products such as milk? Mengniu? Although trademarks directly indicate the raw materials and origin of goods, after long-term and wide-ranging use, they have achieved very remarkable characteristics and identifiability. Before 200 1 amended the Trademark Law, similar trademarks would encounter many difficulties in obtaining registration. However, according to the provisions of Article 1 1 of the revised Trademark Law, registration can be easily approved.
(C) lack of distinctive features
A trademark should have distinctive features, which is a positive condition for applying for registration of a trademark. If it lacks distinctive features and is unrecognizable, it cannot be registered. However, after trial, if the connection between the trademark and the commodity is established, and the distinctive features are obtained, it can be registered.
What should be paid attention to in international registration of trademarks? 1. The trademark laws of most countries stipulate that place names cannot be registered as trademarks. Like China's famous? China? Brand cigarettes, toothpaste, Shanghai? Brand TV, toilet water, Qingdao? Card? Beijing? Brand beer etc. Although it was registered in China a long time ago, this kind of trademark cannot be registered abroad because place names cannot be registered as trademarks in many countries.
Some countries prohibit the use of numbers as trademarks. Like what? 555? Applications for registration in countries such as Pakistan and Kenya have not been approved.
The main color of Swedish national flag is blue, which is forbidden to be used as a trademark in Sweden.
The use of yellow as a trademark is forbidden in Arab countries.
5. What do the French think? Spades? This is a symbol of the dead. Peach blossom? Is an ominous thing, so? Spades? And then what? Peach blossom? In France, it is forbidden to use graphics as trademarks.
6. Does Italy regard chrysanthemums as? National flower? Therefore, it is forbidden to use chrysanthemum as a commodity trademark in Italy.
7. Japan regards chrysanthemum as a symbol of the royal family, and it is forbidden to use chrysanthemum as a trademark pattern.
8. Latin American countries regard chrysanthemum as a demon flower, and it is best not to use chrysanthemum patterns on the trademarks of these countries.
9. Australia is taboo to use rabbits as trademarks. Because Australia is rich in wool, it attaches importance to the reproduction of pastures and is afraid that rabbits will destroy grasslands.
10. India and other Arab countries prohibit pig graphics as trademarks.
1 1. British people are taboo to use portraits as decorations for goods.
12. Some countries in North Africa prohibit using dogs as trademarks.
13. Triangles are regarded as warning signs internationally, so triangles cannot be used as trademarks.
14. Czechs believe that the red triangle is a symbol of poison. Like Shanghai famous brand? Triangle? Brand towels need special attention when registering in Czech Republic.
15. What does the green triangle mean in Turkey? Free samples? , so it is best not to use it as a trademark.
16. In many countries, roses are good gifts for relatives and friends, but in India and some European countries, roses are souvenirs, so they cannot be used as trademarks.
17. Pandas are taboo in some African countries and cannot be used as trademarks. China? Panda? Brand products are difficult to obtain trademark registration in some African countries.
18. Hexagons cannot be used as trademarks in countries that believe in Islam, because these countries prohibit the import of goods with this symbol.
19. do the British compare goats to? An immoral person? , for example? Goat? Brand products are difficult to obtain trademark registration in Britain.
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