Legal subjectivity:

Any 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, colors Combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks. If the trademark is similar to a registered trademark, and the products using the trademark are the same or similar products as the products using the registered trademark, or if they are not the same or similar products but the registered trademark is a well-known trademark, it cannot be obtained. Trademark registration. Legal objectivity:

The conditions for trademark registration include the conditions for trademark registration applicants and the conditions for trademark formation. 1. Conditions for applicants for trademark registration If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes or for the services it provides, it should apply to the Trademark Office for trademark registration. 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. Necessary conditions for a trademark There are two essential elements for a trademark: 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. in addition. 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. 2. Prohibited conditions of a trademark The prohibited conditions of a trademark, also known as the negative elements of a trademark, refer to the circumstances 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 must not be the same as or similar to a registered or previously applied trademark; a 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 there is confusion, registration will not be granted and use is prohibited; a 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 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 country name, national flag, national emblem, military flag, The medal is identical or similar to the name of a specific place where the central state agency is located or the name or figure of a landmark building; the medal is identical or similar to the name, national flag, national emblem, or military flag of a foreign country, but the government of that country agrees. Exceptions; those that are identical or similar to the flag, emblem, or name of an intergovernmental international organization, except with the consent of the organization or that are not likely to mislead the public; those that are identical or similar to official signs or inspection marks that indicate the implementation of control and guarantee, except those that have been approved by the organization. Except those authorized; those that are the same as or similar to the signs and names of the "Red Cross" and "Red Crescent"; those that are ethnically discriminatory; those that are exaggerated and deceptive; those that are harmful to socialist morals or have other adverse effects Affected; 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; the trademarks contain geographical indications of goods , and the product does not originate from the area indicated by the mark and misleads the public, it will not be registered and is prohibited from use; 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, main raw materials, functions, uses, weight, Quantity and other characteristics; lacking distinctive features. The signs listed above that have acquired distinctive features through use and are easy to identify can be registered as trademarks. ② When applying for a registered trademark with a three-dimensional mark, the shape that is solely caused by the nature of the product itself, the shape of the product that is necessary to obtain technical effects, or the shape that makes the product of substantial value shall not be registered. 3. Trademark registration procedures 1. Inquiry before trademark registration. Submit the desired trademark name to Chaofan Intellectual Property Consultant. The consultant will inquire and analyze to minimize the risk of trademark registration. After trademark inquiry, the success rate is high. Professional consultants recommend you to register; The success rate is not high, and the consultant will make suggestions for modifications to increase the success rate of registration. If this is not possible, the customer is advised to register under a different name. 2. Preparation of trademark application documents. If you are a company, you need to provide: a copy of the company's business license (stamped); trademark LOGO; the category (product) to be registered; if you are an individual, you must provide: a copy of the individual business license; ID card; trademark LOGO; The category (product) for which the trademark is to be registered 3. Submit the trademark application. After the materials are prepared, the customer pays the trademark registration fee and we arrange to apply for registration. 4. Trademark acceptance notice. It will take about 30 days to receive the acceptance notice issued by the Trademark Office. If everything goes well, you can get the trademark registration certificate in about a year. During the trademark review process, the application acceptance and formal review takes about one month, the substantive review takes about half a year, the announcement period takes three months, and the approval announcement to the issuance of the license takes about two months.