(2) When applying for the registration of a graphic trademark, if the standard sample only contains the common name, figure and model of the commodity or directly indicates the characteristics of the commodity, such as quality, raw materials, function, use, weight and quantity, it shall not be registered as a trademark, but it may be registered as a trademark if it has acquired remarkable characteristics and is easy to identify after use.
(3) Comply with the provisions of the Trademark Law on "not used as a trademark" and "not registered as a trademark".
Article 10 of Chapter 1 of the Trademark Law stipulates that the following marks shall not be used as trademarks:
(1) is the same as or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military song and medal of People's Republic of China (PRC), and is the same as the name, symbol, name of a specific place or name and figure of a landmark building of the central state organ;
(2) identical with 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 with or similar to the name, flag, emblem, etc. Intergovernmental international organizations, except with the consent of the organization or not easily misleading the public;
(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;
(5) identical with or similar to the names and symbols of the Red Cross and Red Crescent;
(6) ethnic discrimination;
(7) Deceptive, which easily leads the public to misunderstand the quality and other characteristics of the goods or the place of origin;
(eight) harmful to socialist morality or other adverse effects.
Article 11 of Chapter 1 of the Trademark Law stipulates that the following marks shall not be registered as trademarks:
(1) Only the common name, figure and model of the commodity;
(two) directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) other lack of distinctive features.
4, graphic trademark registration process
(1) trademark inquiry
Before registering a graphic trademark, we'd better make a trademark approximate inquiry to see if the graphic trademark we applied for is the same as or similar to other people's prior trademarks.
(2) Submission of materials
The applicant may submit the certification materials required for trademark registration by himself or by entrusting an agency.
(3) Formal review
After submitting the certification materials, the Trademark Office will issue a notice of acceptance of the application and begin the formal examination. The audit contents include: the application form (whether the documents are complete, whether the filling is standardized, and whether there is any missing signature/seal); The specification, clarity and necessary explanation of the trademark pattern; Classification of goods and services of trademarks (review of declared goods/services), etc.
(4) Substantive review
Substantive examination is the examination conducted by the Trademark Office to determine whether the trademark applied for registration meets the registration conditions. The contents of the review include: whether the trademark is significant; Whether the trademarks are identical or similar; Whether the trademark violates the prohibition clause and so on.
(5) Announcement of preliminary examination
After the substantive examination of the Trademark Office is completed, the trademarks that meet the requirements of the Trademark Law will enter the preliminary examination announcement period for three months.
(6) Registration announcement
During the period of preliminary examination and announcement, if no one raises any objection to the trademark or the objection is ruled invalid, the trademark may enter the registration announcement period and be registered.