Hello! Trademarks must comply with basic statutory standards and must not violate prohibition clauses. For trademarks applying for registration, the registration conditions are further stipulated in the Trademark Law. Only those who meet the legal conditions can obtain the exclusive right to trademark after registration. Therefore, when the Trademark Law was revised for the second time, it was necessary to stipulate the basic standards and registration conditions of trademarks at two levels, and it also made registered trademarks different from unregistered trademarks. The main conditions for trademark registration are:

(1) The trademark applied for registration should have distinctive features and be easy to identify. This is the basic condition for registering a trademark, because the basic function of a trademark is to be distinctive. Only when a trademark has distinctive features can people use the trademark to identify the source of the product, and know at a glance that the product is different from hundreds of similar products. Other merchandise. The requirement for a trademark to have distinctive features determines that the trademark is not another sign, and also determines that a trademark that is the same as others, or a trademark that is similar to others and is easily confused with others cannot be registered.

(2) The trademark applied for registration shall not conflict with the legal rights previously obtained by others. This means that the exclusive right to use a trademark obtained through trademark registration shall not conflict with the rights previously obtained by others in accordance with the law. For example, if someone else has obtained a patented design right before the trademark registration in accordance with the provisions of the law, the trademark registration must not conflict with this right. This provision was established to coordinate different but conflicting legal rights. There are relevant provisions in the Patent Law that stipulate that the design granted a patent right shall not conflict with the legal rights previously obtained by others.

(3) The following signs shall not be registered as trademarks: first, only the common name, graphics, and model of the product; second, only directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics; third, lack of distinctive features. The above signs cannot be registered as trademarks because they do not have distinctive features; but this is not absolute. If they acquire distinctive features through use, they can also be registered as trademarks. This rule also has similar content in the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights, which stipulates in Article 15 that “if the mark does not inherently distinguish the characteristics of the goods or services concerned, each member may Distinctiveness acquired through use as a condition of registration”. In short, the distinctive features of a trademark are its registration conditions. Without distinctive features, it cannot become a trademark, but the distinctive features can be obtained through use.

(4) Regarding the registration conditions for three-dimensional trademarks, the Trademark Law stipulates that when applying for a registered trademark with a three-dimensional mark, the shape is only caused by the nature of the goods themselves, the shape of the goods required to obtain technical effects, or Shapes that impart substantial value to the goods shall not be registered.

If more information is provided, a more detailed legal opinion can be given.