Conditions for trademark registration applicants

Natural persons, legal persons or other organizations need to obtain trademarks for the goods they produce, manufacture, process, select or distribute or for the services they provide. If you have exclusive rights, you must apply for trademark registration with the Trademark Office.

Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark at the same time, and jointly enjoy and exercise the exclusive right to the trademark.

Conditions for the formation of a trademark

Essential conditions for a trademark

The necessary requirements for a trademark include two things: First, it should have legal constituent elements. 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 signs and color combinations, as well as combinations of the above elements, can be applied for as a trademark register. Trademarks such as smell cannot be registered in my country; secondly, trademarks should have distinctive features. The distinctive characteristics of a trademark can be obtained in two ways: first, the distinctive characteristics inherent in the mark itself, such as a trademark with a novel concept and unique design; second, obtaining distinctive characteristics through use, such as a narrative mark that directly describes the quality of the goods and other characteristics. If the use obtains distinctive features and is easy to identify, it can be registered as a "secondary meaning" trademark.

Also. On the morning of August 30, 2013, the fourth meeting of the Standing Committee of the Twelfth National People's Congress voted to adopt the "Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China". It will come into effect on January 1st. The amendment to the Trademark Law adds elements of a trademark that can be registered and stipulates that sounds can be registered as trademarks. [1]

Trademark prohibition conditions

Trademark prohibition conditions, also known as trademark negative requirements, refer to situations in which the mark of a registered trademark should not have.

(1) Do not infringe the prior rights or legitimate interests of others. The main content is: the same or similar goods shall not be identical or similar to the registered or previously applied trademark; the trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, which may easily lead to If the trademark is confusing, it will not be registered and is prohibited from use; the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be affected. If the trademark is damaged, registration will not be allowed and use is prohibited; without authorization, the agent or representative registers the trademark of the principal or represented person in his own name, and if the principal or represented person raises an objection, the registration will not be allowed. It is prohibited to use it; it is not allowed to preemptively register a trademark that has been used by others and has certain influence by unfair means; it is not allowed to infringe other people's other prior rights, such as design patent rights, copyrights, name rights, portrait rights, trade name rights, and special mark exclusive rights. rights, exclusive rights to the Olympic logo, exclusive rights to famous product names, packaging, decoration, etc.

(2) It shall not violate the provisions of the Trademark Law prohibiting the registration or use of certain marks.

Articles 10, 12 and 16 of the Trademark Law mainly stipulate the following two aspects:

First, signs prohibited from registration or use as trademarks: the same as the country name of the People’s Republic of China , the same or similar national flag, national emblem, military flag, medal, and the same name as the name of a specific place where the central state agency is located or the name or figure of a landmark building; the same or similar name, national flag, national emblem, or military flag of a foreign country , except with the consent of the government of the country; identical or similar to the flag, emblem, or name of an intergovernmental international organization, except with the consent of the organization or not likely to mislead the public; and official signs or inspection marks indicating the implementation of control and guarantee Identical or similar, except with authorization; Identical or similar to the signs and names of the "Red Cross" and "Red Crescent"; Ethnic discriminatory; Exaggerated propaganda and deceptive; Harmful to society The names of administrative divisions at or above the county level or place names known to the public, except where the place names have other meanings or are part of collective trademarks or certification marks, registered trademarks using place names will continue to be valid; If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the trademark and misleads the public, it shall not be registered and its use shall be prohibited; however, registration that has been obtained in good faith will continue to be valid.

Second, signs that are prohibited from being registered as trademarks but can be used as unregistered trademarks or other signs: ① Only the common name, graphics, and model of the product; only directly indicating the quality and main raw materials of the product , function, purpose, weight, quantity and other characteristics; lacking distinctive features. The above-mentioned marks that have acquired distinctive features through use and are easy to identify can be registered as trademarks. ② When applying for registration of a trademark with a three-dimensional mark, the shape resulting only from the nature of the goods themselves, the shape of the goods necessary to obtain technical effects, or the shape that makes the goods have substantial value shall not be registered.