# judicial exam # Introduction A nine-story platform starts from the base of the earth; a journey of a thousand miles begins with a single step. On the way to prepare for the exam, we have cried, been tired, and laughed, but as long as we keep moving forward, we will eventually get the certificate that belongs to us. The following is the compiled "2020 Judicial Examination Preparation Memorization Knowledge Points: Conditions for Trademark Registration"! Good luck to everyone preparing for the exam!

Conditions for trademark registration

(1) Conditions for applicants

1. Individual application

Needed by natural persons, legal persons or other organizations If you obtain the exclusive right to use a trademark for your goods or services, you must apply for trademark registration with the Trademark Office.

2. ***Same application

Two or more natural persons, legal persons or other organizations may *** apply to the Trademark Office to register the same trademark at the same time, and *** both enjoy the same rights. exercise the exclusive right to use the trademark.

(2) Conditions for the formation of a trademark

1. Necessary conditions for a trademark

(1) Legal elements

Anything that can Marks that distinguish the goods of a natural person, legal person or other organization from those 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.

(2) Distinctiveness

Ways to obtain the distinctive features of a trademark:

① The inherent distinctive features of the mark itself, such as novel ideas and unique designs trademark.

② If a narrative mark that has acquired distinctive features through use, such as a narrative mark that directly describes the quality of the product or other characteristics, has acquired distinctive features through use and is easy to identify, it can be registered as a "secondary meaning" trademark.

2. Trademark registration shall not infringe the prior rights or legitimate interests of others

(1) It shall not be identical or similar to a registered or previously applied trademark on the same or similar goods ;

(2) If the trademark applied for registration for 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, and is likely to cause confusion, it will not be registered and its use is prohibited;

(3) If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited;

(4) Without authorization, the agent or representative registers the trademark of the principal or represented person in his own name, and the principal or represented person If an objection is raised, registration will not be granted and use is prohibited;

(5) Trademarks that are already used by others and have certain influence must not be registered by unfair means;

(6) Infringement is not allowed Other prior rights of others, such as design patent rights, copyrights, name rights, portrait rights, trade name rights, exclusive rights to special signs, exclusive rights to the Olympic logo, exclusive rights to the unique names, packaging, and decoration of well-known commodities, etc.

3. The following signs shall not be used as trademarks (violating public order and good customs)

(1) The same as the country name, national flag, national emblem, national anthem, military flag, and military emblem of the People's Republic of China , military songs, medals, etc. are the same or similar, and are the same as the names and logos of central state agencies, the names of specific places where they are located, or the names and graphics of landmark buildings.

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

(3) Identical or similar to the name, flag, emblem, etc. 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 name or symbol is the same as or similar to the "Red Cross" or "Red Crescent".

(6) Ethnically discriminatory.

(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its origin.

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

(9) 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.

4. The following signs shall not be registered as trademarks, but may be used as unregistered trademarks or other signs

(1) Only the common name, graphics, and model of the product.

(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.

(3) Others lacking distinctive features.

If the signs listed above have acquired distinctive features through use and are easy to identify, they can be registered as trademarks.

For example, the trademark of the American Apple Company is a bitten Apple logo. Unless it has acquired distinctive features through use and is easy to identify, generally this logo cannot be registered as a trademark.

(4) When applying for a registered trademark with a three-dimensional mark, the shape that is solely caused by the nature of the goods themselves, the shape of the goods that is necessary to obtain technical effects, or the shape that makes the goods of substantial value shall not be registered. .