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Registration conditions for trademark registration

Trademark registration is the main way to obtain trademark rights. When registering, the trademark authorities of each country will examine the application submitted by the registration applicant based on the national trademark laws and the conditions stipulated in international conventions and agreements. These legal conditions are a The necessary conditions for a trademark to be approved for registration are called trademark registration conditions. Trademark registration conditions are an important part of trademark review. Any visible mark that can distinguish the goods or services of a natural person, legal person or other organization from the goods or services of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be Apply for registration as a trademark.

The trademark applied for registration should have distinctive features and be easy to identify, and should not conflict with the legal rights previously obtained by others.

In addition to indicating the commercial source of goods or services, trademarks also have other types of trademarks. A collective mark is owned by an association and its members use the collective mark to indicate compliance with certain quality standards and other requirements determined by the association. Representative among these associations are the Institute of Accountants, the Institute of Engineers or the Institute of Architects. A certification mark is a mark used to certify that certain specified standards have been met, but is not limited to use by any member only. Anyone can obtain a certification mark by submitting proof that the product in question meets certain specified standards. For example, the British trademark "Stilton" for cheese is a certification mark. The following signs may not be used as trademarks:

1. Identical or similar to the country name, national flag, national emblem, military flag or medal of the People's Republic of China, or identical to the name of a specific place where the central state agency is located or the name or figure of a landmark building;

2. Identical or similar to the name, national flag, national emblem, or military flag of a foreign country, except with the consent of the government of that country;

3. Identical or similar to the name, flag, or emblem of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

4. Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

5. The same or similar names and symbols as "Red Cross" and "Red Crescent";

6. Ethnically discriminatory;

7. Exaggerated and deceptive propaganda;

8. Harmful to socialist morals or have other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

The following situations are considered not to have distinctive features in most countries:

(1) The trademark uses a common product name or graphic in the industry. For example, if "cow" is used as a trademark for milk powder, since cow is a common product image in this industry, the trademark does not have distinctive features and cannot be registered.

(2) The trademark adopts a geographical name. According to international practice, many countries and regions prohibit the use of geographical names as trademarks because geographical names cannot distinguish different producers and operators of goods.

(3) The trademark only consists of words and graphics indicating the quality of the product, main raw materials, or functions, uses and other characteristics. Such as "cashmere" plush, "gold" pens, etc. The use of such trademarks will cause the goods to be confused with other similar goods.

(4) The trademark consists of simple Arabic numerals. Using Arabic numerals as a trademark will make it difficult to identify, and it will also cause misunderstanding when used on certain products. For example, the trademark used for shoes is easy to be confused with the size. Most countries stipulate that digital trademarks are not allowed to be registered. For example, the "555" brand battery produced in Guangzhou failed to be approved when it was applied for registration in countries such as Pakistan and Kenya.

Countries have different standards for examining the distinctive features of trademarks.

The Japanese Trademark Law and the Chinese Trademark Law have roughly the same provisions on distinctive features, but require that the trademark must use one or more designated colors.

The provisions of French trademark law are relatively loose. All marks that can be used to identify products, items or services, such as surnames, aliases, place names, labels, logos, brands, stamps, stamps, illustrations, drawings, Reliefs, letters, numbers, inscriptions, etc. can be used as industrial, commercial or service trademarks.

The United Kingdom and the United States implement a two-part trademark registration system. Trademarks registered in Part A (Main Register) have stricter requirements than trademarks registered in Part B (Deputy Register). The British Trademark Law stipulates that any trademark applied for registration as Part A must meet at least one of the following conditions:

(1) The company, trade name, name or personal name is expressed in a unique shape;

(2) The applicant’s own or the signature style of the company’s predecessors;

(3) One or several original words;

(4) One or several A text that has no direct connection with the characteristics or quality of the product, but must not be a geographical name or surname;

(5) Other distinctive features.