Current location - Trademark Inquiry Complete Network - Trademark inquiry - What are the requirements for trademark registration?
What are the requirements for trademark registration?

1. Applicant’s conditions If you need to obtain the exclusive right to trademark, you should apply for trademark registration to the Trademark Office. 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 jointly enjoy and exercise the exclusive right to the trademark. 2. Conditions for the formation of a trademark (1) It must have legal constituent elements. The constituent elements of a trademark in my country include: text, graphics, letters, numbers, three-dimensional signs, color combinations or a combination of these elements. Sound trademarks and smell trademarks allowed abroad cannot be registered as trademarks in our country. (2) A trademark should have distinctive features, that is, the mark used as a trademark must be able to distinguish the trademark or service from the goods and services provided by others. Marks lacking distinctive features may be used but cannot be registered. (3) Do not infringe the prior rights or legitimate interests of others. A. It shall not be identical or similar to a registered or previously applied trademark on the same or similar goods. B. Do not use unfair means to preemptively register a trademark that is already used by others and has certain influence. C. Do not infringe other people's other rights protected by law, such as design patent rights, copyrights, name rights, portrait rights, trade name rights, exclusive rights to special signs, unique names of well-known commodities, exclusive rights to packaging, decoration, etc. (4) If a trademark contains a geographical indication of goods, but the goods do not originate from the area indicated by the mark and misleads the public, the trademark shall not be registered and shall be prohibited from use. However, if the trademark has been registered in good faith, it shall continue to be valid. (5) Signs that are not prohibited by law from being used as trademarks. For certain reasons, the law may prohibit certain signs from being used as trademarks. ——Articles 10 and 11 of the Trademark Law. A. The signs that may not be used as trademarks include: a. Those that are the same as or similar to the country name, national flag, national emblem, military flag, medals of the People's Republic of China, as well as the names of specific places where central state agencies are located or landmark buildings. The names and graphics of the objects are the same. b. Is the same as 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. c. 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. Slightly different from the previous provision, the exclusions in this provision also include situations that are “not likely to mislead the public.” d. Is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones. e. The name or symbol is the same as or similar to the "Red Cross" or "Red Crescent". f. Ethnically discriminatory. g. Exaggerated and deceptive propaganda. h. Harmful to socialist morals or have other adverse effects. i. 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. (a) Except where the place name has other meanings or is part of a collective trademark or certification mark; (b) Registered trademarks using place names will continue to be valid. △Place names can be used as trademarks: (a) Place names of administrative divisions below the county level (excluding county levels) or foreign place names not known to the public; (b) Place names have other meanings; (c) As collective trademarks or certification trademarks Part; (d) Registered trademarks using place names. B. The signs that cannot be registered as trademarks include: a. Only the common name, graphics and model of the product. (a) The common name, graphics, and model of this product can be used as a trademark, but it cannot be registered. (b) Only the common name, graphics, and model of the product cannot be registered. If the trademark contains other contents in addition to these contents, it can also be registered. b. Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods. As in the previous paragraph, these marks can still be used as trademarks, but they cannot be registered as trademarks. c. Shape resulting only from the nature of the commodity itself, the shape of the commodity required to obtain technical effects, or the three-dimensional shape that makes the commodity have substantial value. △If the marks in the first two items have acquired distinctive features through use and are easy to identify, they can be registered as trademarks. C. In addition, under the following circumstances, registration and use as a trademark shall not be allowed: a. 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 shall not be registered and Use prohibited.

b. If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else’s well-known trademark that has been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be harmed, registration will not be granted and the ban will be prohibited. use. c. Without authorization, the agent or representative registers the trademark of the principal or represented person in his own name. If the principal or represented person raises an objection, the registration will not be granted and use will be prohibited. d. If the trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark, and it 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.