1. Composition of the trademark to be registered. Any visible sign that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements, can apply for registration as a trademark;
2. The trademark applied for registration must be distinctive and easy to identify. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. The distinctive features mentioned in the law mean that a trademark should have obvious characteristics, which makes it easy for consumers to identify and distinguish it from other commodities;
3. A trademark applying for registration shall not use words or graphics prohibited by law. There are many words and figures prohibited by law, but those who can meet the above conditions of 1 and 2 and do not violate social morality and national citizen image can basically be registered.
The types of trademarks are:
1. Commodity trademarks are the most commonly used trademarks, which refer to the marks used by producers and operators in the production, manufacturing, processing, selection or distribution of commodities, and are also divided into manufacturing trademarks and sales trademarks. Commodity trademarks are the only marks that apply for priority protection under the Paris Treaty for the Protection of Industrial Property.
2. Service trademarks, which are used to mark and distinguish intangible goods, i.e. trademarks of services and labor services;
3. Collective trademarks are mainly used in the name of groups, associations and other organizations, and are used by members of the organization in commercial activities to show that they are members of the organization. Where a geographical indication is used as a collective trademark registration, the producers and operators whose products meet the conditions for using the geographical indication may request to join the registrant organization that uses the geographical indication as a collective trademark registration, and the organization shall be accepted as a member in accordance with the articles of association; Those who do not require to join the registered organization can also use the geographical indication properly, and the organization has no right to prohibit it;
4. A certification trademark is a trademark controlled by an organization that has the ability to detect and supervise a certain commodity or service, but used by people other than it to prove the origin, raw materials, manufacturing methods, quality, accuracy or other specific qualities of the commodity or service.
To sum up, if the Trademark Office thinks that the contents of the application for trademark registration can be amended, it will issue an Examination Opinion, and it will be limited to make amendments within the specified time limit from the date of receiving the notice; If it is not amended, amended within the time limit or still does not conform to the relevant provisions of the Trademark Law after amendment, the application shall be rejected and a Notice of Rejection shall be issued to the applicant; Where two or more applicants apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark that applied earlier shall be preliminarily examined and announced; If the application is made on the same day, the earlier trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement. Where a trademark applied for registration does not conform to the relevant provisions of the Trademark Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall reject the application and will not make an announcement.
Legal basis:
Article 7 of the Trademark Law of the People's Republic of China
The application for registration and use of trademarks shall follow the principle of good faith.
trademark users should be responsible for the quality of the goods in which they use trademarks. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management.