The element that cannot be used as a trademark in our country is smell.

The components of a trademark generally include words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, as well as combinations of the above elements. It is worth noting that the smell, sound, etc. of goods cannot currently be used as trademarks in our country.

According to Article 8 of the Trademark Law, any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, colors Combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Legal basis:

Article 8 of the Trademark Law.

Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements , can be applied for registration as trademarks.

Trademark:

The current consensus in the world is that a trademark is a sign that can distinguish one company's goods or services from those of other companies. In other words, a trademark is a specific mark used on goods or services. Through this mark, consumers can identify or confirm the producer, operator and service provider of the goods or services.

This basic definition indicates the essential attributes and main characteristics of a trademark. Only on this basis can we define trademarks in different forms, build a trademark legal system, and determine its specific content.

In China’s Trademark Law, a trademark is defined as “any visible sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, Letters, numbers, three-dimensional logos and color combinations, and combinations of the foregoing.”

This definition shows that a trademark is a sign that is used on goods and is distinctive. In contemporary times, it is a visual sign. The Chinese Trademark Law’s definition of trademark is accurate and reveals the essential characteristics of trademarks.