Conditions of the applicant for trademark registration
Natural persons, legal persons or other organizations that produce, manufacture, process, select and distribute goods or services that need to obtain the exclusive right to use a trademark shall apply to the Trademark Office for trademark registration.
Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark and jointly enjoy and exercise the exclusive right to use the trademark.
Prerequisites for trademarks
The necessary elements of a trademark include two: first, it should have legal elements. Any visible sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements, can apply for registration as a trademark. Trademarks such as smell cannot be registered in China; Second, trademarks should have distinctive features. The distinctive features of trademarks can be obtained in two ways: first, the distinctive features inherent in the logo itself, such as trademarks with novel ideas and unique designs; Second, through the use of distinctive features, such as narrative marks that directly describe the quality of goods, it is easy to identify after use and can be registered as a "second meaning" trademark.
In addition, on the morning of August 30th, 20 13, the 4th meeting of the 12th the NPC Standing Committee voted and passed the Decision of NPC Standing Committee on Amending the Trademark Law of People's Republic of China (PRC), which came into effect on May 30th, 20 13. The amendment to the Trademark Law adds the elements that a trademark can be registered, and stipulates that sound can be registered as a trademark.
Prohibition conditions of trademarks
The prohibitive condition of a trademark, also known as the negative elements of a trademark, refers to the situation that the mark of a registered trademark should not have.
(1) shall not infringe upon the prior rights or legitimate interests of others. The main contents are as follows: it shall not be the same as or similar to the trademark registered on the same or similar goods or applied for earlier; A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others. If it is not registered in China and is likely to cause confusion, it shall not be registered and its use shall be prohibited; Where a trademark applied for registration on different or similar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited; Without authorization, the agent or representative registers the trademark of the principal or the principal in his own name, and if the principal or the principal has any objection, it shall not be registered and the use thereof shall be prohibited; Not to preempt the registration of trademarks that have been used by others and have certain influence by unfair means; Shall not infringe upon the patent right, copyright, name right, portrait right, trade name right, exclusive right of special signs, exclusive right of Olympic signs, exclusive right of well-known commodity names, exclusive right of packaging and decoration and other prior rights of others.
(two) shall not violate the provisions of the Trademark Law prohibiting the registration or use of certain trademarks. Articles 10, 12 and 16 of the Trademark Law mainly stipulate the following two aspects:
First, it is forbidden to be used as a sign of trademark registration or use: it is the same as or similar to People's Republic of China (PRC)'s national name, national flag, national emblem, military flag and medal, and it is the same as the name and graphics of a specific place name or landmark building where the central state organ is located; Identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except as agreed by the government of that country; Identical with or similar to the flag, emblem or name of an intergovernmental international organization, except with the consent of the organization or not easily misleading the public; Identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized; Identical with or similar to the symbols and names of the Red Cross and Red Crescent; With ethnic discrimination; Exaggerate propaganda and deception; Harmful to socialist morality or having other adverse effects; The name of an administrative division at or above the county level or a place name known to the public, except that the place name has other meaning or is an integral part of a collective trademark or certification trademark, the registered trademark using the place name shall remain valid; If a trademark contains a geographical indication of a commodity, and the commodity does not come from the area marked by the indication, misleading the public, it shall not be registered and its use shall be prohibited; However, the registration in good faith continues to be effective.
2. Signs that are prohibited from being registered as trademarks but can be used as unregistered trademarks or other signs: ① Only the common name, figure and model of the goods; Directly indicating only the quality, main raw materials, functions, uses, weight, quantity and other characteristics of a commodity; Lacking distinctive features. The above-mentioned marks can be registered as trademarks if they have obvious characteristics through use and are easy to identify. (2) Where a three-dimensional mark is used in an application for trademark registration, the shape produced only by the nature of the commodity itself, the shape of the commodity needed to obtain technical effect or the shape that makes the commodity have substantial value shall not be registered.