(1) Conditions of being a trademark mark

Any visible mark that can distinguish one's own goods from others' goods can be registered as a trademark as long as it meets the following conditions:

① It is significant;

② easy to identify;

③ It shall not conflict with the legal rights previously obtained by others.

(2) Marks that cannot be used as trademarks:

① Eight marks listed in Article 1, paragraph 1 of the Trademark Law;

② Place names of administrative divisions at or above the county level or foreign place names known to the public, except that the place names have other meaning or are part of collective trademarks or certification trademarks or registered trademarks using place names;

(3) Signs that cannot be used as trademarks but can be used:

① Only the common name, figure and model of this commodity are available;

② It only directly indicates the quality, quantity, weight, function, use and main raw materials of the goods;

③ lack of distinctive features;

the above-mentioned marks can be registered as trademarks if they have obvious features and are easy to identify.

(4) Not allowed as a trademark registration sign:

① A three-dimensional sign shall not be registered as a trademark if it is a shape only produced by the nature of the commodity itself, or a shape of the commodity needed to obtain technical effect, or a shape that makes the commodity have substantial value;

② if a trademark contains a geographical indication of a commodity, and the commodity does not originate from the area marked by the indication, which misleads the public, it shall not be registered and its use shall be prohibited. However, those registered in good faith will continue to be valid. How much is the trademark registration fee (for reference only)

The registration fee is charged by category and number, and the fee for each trademark of each category is

1,9 yuan (ten-year validity period, including ten-year fees, domestic companies or individuals, including 1, national fees and 9 agency fees)

3, yuan (ten-year validity period, including ten-year fees, foreign companies or individuals, including 1, national fees).

2. The trademark registrant has the exclusive right to use the trademark and is protected by law.

3. through trademark registration, you can create a brand and preempt the market.

4. A trademark is an intangible asset, and its value can be evaluated.

5. A trademark can be transferred, licensed to others, or pledged to realize its value.

6. Trademark is also a necessary condition for quality inspection, health inspection and bar code.

7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks. Trademark registration must guard against risks

1. There is a blind period for trademark inquiry

As we all know, a trademark applied for registration by an enterprise or individual cannot be the same as or similar to a trademark registered or preliminarily approved by others on the same or similar goods, otherwise, the application for trademark registration will be rejected by the Trademark Office and no application may be made. Therefore, before filing an application for trademark registration with the Trademark Office, the applicant will often inquire whether the trademarks he wants to register are the same or similar through various methods, so as to ensure a higher probability of trademark success to some extent. But many applicants don't know that even if they make an inquiry on the website of the Trademark Office, it doesn't mean that 1% are not the same or similar. This is because there is a trademark query? Blind period? The problem. The blind period of trademark inquiry is generally 3 ~ 6 months. The blind period of trademark inquiry causes the incompleteness and lag of the prior trademark information, and the prior trademark information in the blind period can not be inquired by anyone, so the trademark applied for registration by enterprises or individuals may have the same or similar risks as the prior trademark in the blind period.

Second, the approximate judgment is subjective

Whether a trademark is approximate or not plays a decisive role in the success of trademark registration, but whether a trademark is approximate or not can not be judged by machines or procedures, but is determined by the examiners of the Trademark Office independently according to the Trademark Examination Criteria and related standards. Because different examiners have certain differences in specialty, knowledge, work experience and sense of responsibility, the approximate judgment of a trademark will inevitably be influenced by the subjective factors of the examiners.

In addition, different categories of trademark registration involve different industry nature and characteristics of goods and services, so the examiners of each category have different grasp of the examination scale, and the Trademark Office will temporarily deploy some examiners to support other examination categories with excessive backlog of documents according to the situation, which will lead to different examination scales to a certain extent, thus affecting the success rate of trademark registration.

3. Pay attention to the risk of objection during the announcement period

During the three-month announcement period, the prior obligee or interested party may raise objections due to the protection of well-known trademarks, registered trademarks, similar trademarks, prior application, etc. In addition, anyone can raise objections to the Trademark Office for reasons such as the trademark does not have obvious characteristics.

once a trademark is challenged, the challenged trademark will enter a long objection procedure. after receiving the objection, the trademark office will ask the applicant to reply, and then make a ruling on whether to approve it based on the comprehensive materials. if the trademark office refuses to accept the objection ruling, it can further review the trademark objection until the court proceedings.

Trademark objection is the right given to citizens and enterprises by law. Anyone with basic subject qualification and proper reasons can raise objections. Therefore, in addition to protecting their legitimate interests, trademark objection may also be a means for competitors to compete maliciously. In this regard, the risk of objection during the announcement period is also very great.

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