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Can a portrait be used as a trademark in China's trademark registration?
Yes, according to Article 8 of the Trademark Law, any sign that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, three-dimensional signs, color combinations and sounds, and the combination of the above elements, can apply for registration as a trademark. Portraits usually exist in the form of images and graphics, which are protected by applying for graphic trademarks. The portrait trademarks we see every day include KFC, Laoganma, Wang Ba shampoo, black toothpaste and so on.

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So what should I pay attention to when applying for a portrait trademark?

(1) If a natural person registers his portrait as a trademark design, it shall be explained without attaching a statement of authorization.

(2) Where an application is made to register another person's portrait as a trademark design, the reasons shall also be explained, and a statement of authorization of the portrait owner shall be attached, which shall include (the name of the portrait owner, ID number and copy, the name of the licensee and the authorized matters, the signature and date of the portrait owner).

(3) If the figure in the trademark design is not a portrait of a real person, but a fictional figure created by painting or computer, it shall be explained in the trademark description column.

(4) If the portrait person has died, a certificate that the applicant has the right to dispose of the portrait shall be attached, which shall include the portrait of the portrait person who applied for trademark graphics.