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What are the constituent elements of a trademark?
according to article 8 of China's new trademark law, "any visible sign, including characters, figures, letters, numbers, three-dimensional signs and color combinations, which can distinguish the trademarks of natural persons, legal persons or other organizations from other people's goods, and the combination of the above elements, can apply for registration as a trademark." Obviously, the legal elements of a trademark are: "words, graphics, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements." In addition, the smell and sound of goods can not be used as trademarks in China at present. As the characters constituting a trademark, they can be Chinese characters (simplified or traditional Chinese characters, and variant Chinese characters cannot be used), Chinese pinyin, minority languages, English and other countries' characters or letters and numbers, and they can be used in combination. As a graphic that constitutes a trademark, there is unlimited room for change. However, after applying for registration, any figure that constitutes a trademark will be classified according to the requirements of the international classification of trademark graphic elements attached to the Vienna Agreement on the Establishment of International Classification of Trademark Graphic Elements, according to the division of 29 categories, 114 subcategories and 1569 groups. As a trademark, letters refer to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters and foreign letters such as English letters and Latin letters. The original Trademark Law classified trademarks composed only of letters as word mark, while the newly revised Trademark Law in 21 regarded letters as one of the constituent elements of trademarks, which is more practical and convenient for the trademark authorities to examine and approve trademark registration applications according to law. Numbers, as the constituent elements of trademarks, are also the new provisions of the new Trademark Law in 21. Numbers that constitute a trademark can be Arabic numerals or Chinese capital numerals. As a three-dimensional mark that constitutes a trademark, it can also be called a three-dimensional mark, which is a three-dimensional mark with length, width and height. The trademark logo composed of three-dimensional logo is called three-dimensional trademark, which is different from the trademark pattern that we usually see on a plane, but appears in a three-dimensional material form, which may appear in the shape of goods, or in containers or other places of goods. Adding the provisions on the registration and protection of three-dimensional trademarks is a new content added in the newly revised Trademark Law in 21, which will make China's trademark protection system more perfect. Color combination as a trademark element alone is also a new addition in the new Trademark Law. Unique and novel color combination can not only give people a sense of beauty, but also be significant, which can play a role in indicating products or sources, and can also play a role in distinguishing producers, operators or service providers. The above-mentioned six types of trademark elements can be registered as trademarks alone, or any combination of two or more of these elements, the same or different, must comply with the relevant provisions of Articles 8 and 9 of the Trademark Law. As the colors of words, figures, letters, numbers, three-dimensional signs or their combinations that constitute trademarks, if the specified color requirements are not explicitly put forward when applying for trademark registration, they are all registered in black and white colors and protected in black and white colors. If the specified color or color combination is explicitly put forward, it will be registered and protected according to the specified color or color combination.