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Can my own photos be trademarked?

It is not uncommon for portraits to be trademarked. Portrait in the narrow sense refers to the facial image of citizens, such as the portrait of Tao Huabi on the "Laoganma" trademark, the portrait of Wang Shouyi on the "Thirteen Fragrances" trademark, and the portrait of Chen Qiyuan on the "Bawang" shampoo, etc.; portraits in the broad sense should also include The overall image of the characters, such as Wang Zhi and fermented bean curd. These trademarks are registered with the operator's own portrait as a trademark, which is a fair use of his or her portrait rights. A portrait may be either a photograph or a painting. It is worth noting that the “portraits” mentioned here are all images of real people, and the appearance of fictional characters is another requirement for trademark registration.

What are the requirements for applying for a trademark in portrait?

If a trademark registration applicant uses a portrait as a trademark image to register, he should meet the following requirements:

1. Application If a person applies for registration of another person's portrait as a trademark pattern, an explanation should be given and an authorization statement from the portrait owner should be attached. The authorization statement should include the portrait of the person applying as a trademark pattern.

2. If a natural person applies for registration of his or her own portrait as a trademark design, an explanation must be given and no authorization statement is required.

3. If the characters in the trademark design are not real portraits, but are just creative paintings or computer-generated fictitious characters, this should be explained in the trademark description column.

Of course, not all portraits can be registered as trademarks. For example, portraits of great men and portraits that may violate socialist morals cannot be registered as trademarks.