Current location - Trademark Inquiry Complete Network - Trademark registration - What are the conditions for applying for intellectual property rights?
What are the conditions for applying for intellectual property rights?

Intellectual property application requires the following conditions:

1. To apply for a patent, it should meet the conditions of being within the scope of invention, utility model and design, and having practicality, novelty, creativity and other conditions;

2. Those applying for a trademark must meet the conditions of having distinctive features and the applicant for trademark registration must be engaged in production and business activities;

3. Other conditions.

Legal basis

Article 3 of the Copyright Law effective on June 1, 2021

The works referred to in this law refer to literature and art and intellectual achievements that are original and can be expressed in certain forms in the field of science, including:

(1) Written works;

(2) Oral works;

(3) Art works of music, drama, folk art, dance, and acrobatics;

(4) Art and architectural works;

(5) Photographic works;

(6) Film works and works created using methods similar to filmmaking.

Article 2 of the Patent Law that came into effect on June 1, 2021

Inventions and creations as mentioned in this law refer to inventions, utility models and designs.

Article 8 of the Trademark Law of the People's Republic of China

Any sign, including text, that can distinguish the goods of a natural person, legal person or other organization from the goods of others , graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.