What should I do if the trademark registration is repeated? How many words can be the same in a trademark registration? The conditions for prohibiting the registration of trademarks in the Trademark Law do not stipulate that two identical words cannot be registered. Therefore, when applying for trademark registration, you can apply for two trademarks with the same words. However, it should be noted that if this trademark already exists before, it cannot be registered.
1. Can two trademarks with the same words be registered?
Yes, because according to the analysis of the conditions for trademark formation in the Trademark Law, there is no such prohibited option.
The prohibitive conditions of a trademark, also known as the negative elements of a trademark, refer to situations in which a mark with the same words may not be allowed to be registered.
(1) Do not infringe the prior rights or legitimate interests of others. The main content is: the same or similar goods must not be identical 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 the trademark is confusing, it will not be registered and is prohibited from use; the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be 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 prohibition of registration under the Trademark Law or the terms of use of two registered trademarks with the same word. 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 as the country name of the People’s Republic of China , the same or similar national flag, national emblem, military flag, medal, and the same name as the name of a specific place where the central state agency is located or the name or figure of a landmark building; the same or similar name, national flag, national emblem, or military flag of a foreign country , except with the consent of the government of the country; identical or similar to the flag, emblem, or name of an intergovernmental international organization, except with the consent of the organization or not likely to mislead the public; and the official mark or inspection mark indicating the implementation of control and guarantee Identical or similar, except those authorized; Identical or similar to the signs and names of the "Red Cross" and "Red Crescent"; Ethnic discriminatory; Exaggerated propaganda and deceptive; Harmful to society 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; If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the trademark and 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.
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 and main raw materials of the product , function, purpose, weight, quantity and other characteristics; lacking distinctive features. The above-mentioned marks that have acquired distinctive features through use and are easy to identify can be registered as trademarks. ② When applying for registration of a trademark with a three-dimensional mark, the shape resulting only from the nature of the goods themselves, the shape of the goods necessary to obtain technical effects, or the shape that makes the goods have substantial value shall not be registered.
2. Necessary requirements for a trademark
The necessary requirements include two items: First, it must 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 sounds and smells that cannot be perceived by vision 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 general, for trademark registration, you first need to search whether the trademark name can be registered. If it cannot be registered, you need to change the name. If it can be registered, it depends on whether it is registered in the name of a company or an individual. Submit the corresponding information. It can be processed. To apply for a patent, you first need to conduct a technology patent novelty search. If there is no similar or identical technology that has already been patented, that is enough.
The above is the entire content of trademark registration that can have the same words. I hope it will be helpful to you. Trademark registration inquiryTrademark registration instructions