Trademark registration needs to follow the following principles:

1. The principle of combining voluntary registration with compulsory registration. Most trademarks in China adopt the principle of voluntary registration. Producers and operators of commodities (mainly cigarettes, cigars and packaged cut tobacco) that are required to use registered trademarks according to national laws and administrative regulations must apply for trademark registration. Without approval, goods may not be sold in the market.

2. The principle of uniqueness. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others (such as design patent right, name right and copyright).

3. The principle of trademark legality. A trademark applying for registration shall not use any sign prohibited by law. Registered trademarks using geographical names shall remain valid. Without authorization, the agent or representative registers the trademark of the principal or the principal in his own name. If the principal or the principal has any objection, it shall not be registered and the use thereof shall be prohibited. If a trademark contains a geographical indication of a commodity, and the trademark does not come from the area marked by the mark, misleading the public, it shall not be registered and its use shall be prohibited; However, the registration in good faith continues to be effective.

4. When examining and announcing the application for trademark registration, adhere to the principle of prior application and prior use as a supplement. Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, they shall make a preliminary examination of the trademarks applied for earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

5. The principle of prohibiting cybersquatting. When applying for trademark registration, a trademark that has been used by others and has certain influence shall not be registered first by improper means.

Conditions for applying for trademark registration:

The Trademark Law stipulates that enterprises, institutions, social organizations, individual industrial and commercial households and individual partnerships that engage in commodity production, business activities and provide services within the territory of People's Republic of China (PRC) and are established with the approval of the administrative department for industry and commerce or the relevant superior departments may apply to the Trademark Office for the exclusive right to use the trademarks of the commodities they produce, manufacture, process, select or distribute and the services they provide through this firm.

According to the laws and regulations on the registration management of different trademark types, the scope and conditions of various trademark registration applicants are as follows:

1, apply for a commodity trademark or service trademark.

(1) According to Articles 4 and 5 of the Trademark Law, the main qualifications for domestic trademark registration applicants to apply for commodity trademarks and service trademarks are as follows:

Natural persons, legal persons and other organizations.

(2) The following conditions shall be met:

Natural person-refers to individuals with civil rights and civil capacity, including China people, foreigners and stateless persons (note: allowing natural persons to apply for trademark registration is an important supplement to the second amendment of the Trademark Law).

A legal person refers to an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law. At the same time, it must meet the following conditions stipulated in Article 37 of the General Principles of Civil Law: ① It is established according to law; (2) Having the necessary property and funds; (3) Having its own name, organization and place; (4) Be able to bear civil liability independently.

Other organizations refer to organizations established in accordance with the law, which have certain organizational structure and nature, but do not have legal personality, including: ① private enterprises and individual partnerships registered to obtain business licenses according to law; (2) A partnership enterprise registered in accordance with the law to obtain a business license; (3) Chinese-foreign contractual joint ventures and foreign-capital enterprises registered according to law and obtained the business license of China; (4) a social organization that has been approved and registered by the civil affairs department to receive a social organization registration certificate; (5) branches established by legal persons according to law and obtained business licenses; 6 branches of the People's Bank of China and local specialized banks; All landowners China People's Insurance Company branches in various places; (eight) township, street and village enterprises that have been approved to register and obtain business licenses; Pet-name ruby other qualified organizations as prescribed by law. Other organizations have the following legal characteristics: first, they must be established according to law, that is, they must be established in accordance with the procedures and conditions prescribed by law and recognized by law; Second, there must be a certain organization, that is, an organization that can ensure the normal activities of the organization; (3) It must have certain property, that is, it must have property that can be independently controlled and adapted to its scale and activity content and scope; 4. Do not have legal personality. For example: institutions, government agencies, villagers' committees, informal employment organizations, trade associations, trade unions, religious organizations and so on.

Note: Applicants for trademark registration in China, Hongkong, Macau and Taiwan Province Province who apply as local legal persons or natural persons or other organizations shall be handled according to the methods of foreign applicants. Liaison offices and offices at home and abroad shall not be used as applicants.

(3)*** Application for the same trademark:

A, according to the provisions of Article 5 of the Trademark Law, two or more applicants can * * * apply to the Trademark Office to register the same trademark, and * * * enjoy and exercise the exclusive right to use the same trademark. (Note: This is a new content added in the second revision of the Trademark Law according to the relevant provisions of the Madrid Agreement on Trademark Registration and the provisions of Article 78 of the General Principles of the Civil Law).

B * * * Apply for the same trademark in the following situations: ① A company has two or more branches, some of which need to use the same trademark as the head office; (2) Some subsidiaries of the head office need to use the same trademark with each other or with the head office; (3) Some family private companies or enterprises require to use or inherit the same trademark; Family members of natural persons such as father and son, mother and daughter, husband and wife, brothers and sisters; 5 business partners; 6. Natural persons and enterprises cooperate with each other. etc

2. Apply for a collective trademark

(1) According to Article 3 of the Trademark Law and the Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks (latest edition, April 17, 2003), the scope of subject qualification for domestic trademark registration applicants to apply for collective trademarks is:

"Industrial and commercial organizations, associations or other collective organizations.

(2) The following conditions shall be met:

First, it must be a legally registered enterprise or institution with legal personality. An enterprise or institution should be an organization, which can be an industrial and commercial group, association, industry or other collective organization, rather than a single enterprise or individual operator;

B. An applicant applying for registration of a geographical indication as a collective trademark shall be composed of members from the area marked by the geographical indication;

C, there must be a certificate of the applicant's subject qualification issued by the local administrative department for industry and commerce, that is, the legal document that the applicant is legally registered and has the qualification of a legal person, which can be the business license of the enterprise or the approval document of a legally registered institution or mass organization;

D where a geographical indication is applied for registration as a collective trademark, the approval document of the people's government or the competent department of industry in the area marked by the geographical indication shall also be attached;

E. Where a geographical indication is applied for registration as a collective trademark, it shall specify in detail the professional technicians and professional testing equipment it owns or the institutions entrusted by it, so as to show that it has the ability to supervise the specific quality of the goods using the geographical indication;

F, it is necessary to formulate management rules for the application and use of collective trademarks.

3. Apply for trademark certificate.

(1) According to Article 3 of the Trademark Law and the Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks (latest edition, April 17, 2003), the scope of subject qualification for domestic trademark registration applicants to apply for collective trademarks is:

"Organizations capable of testing and supervising the specific quality of goods and services"

(2) Conditions to be met:

First, the organization must be registered and established according to law;

B, must have the applicant's main qualification certificate issued by the local administrative department for industry and commerce, and detailed list of its professional and technical personnel and professional testing equipment or its entrusted institutions, in order to show that it has the ability to supervise the quality of the specific goods proved by the certification trademark.

C. Where a geographical indication is used as a certification trademark to apply for registration, the approval document of the people's government or the competent department of industry in the area marked by the geographical indication shall also be attached;

D. it is necessary to formulate the system for the use and management of the trademark applied for certification.

4. Apply for special signs

(1) according to the regulations on the administration of special marks (1promulgated on July 3, 996), the scope of the applicant's main qualifications for applying for registration of special marks is:

Organizers and preparers of national and international cultural, sports, scientific research and other social welfare activities.

(2) Conditions to be met:

A, it must be held with the approval of the State Council, and it has the documents of the State Council approving the holding of social welfare activities;

B, formulate conditions and management measures to allow others to use special signs.

More detailed information can provide more accurate legal advice.