Is there a legal requirement for 0 1 trademark?
According to the Trademark Law, the constituent elements of a trademark are words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements.
02 Is the trademark conspicuous?
The Trademark Law stipulates that a trademark applied for registration should have distinctive features and be easy to identify.
However, the following words and graphics do not have trademark distinctiveness:
1, which directly describes the general name, figure and logo of the product features;
2. Too simple or complicated words, graphics, letters, numbers, three-dimensional signs, color combinations, or combinations of the above elements;
3. Each component of a trademark cannot constitute words, graphics, letters, numbers, three-dimensional signs, colors or the overall combination of the above elements.
Does the trademark conflict with the prior rights of others?
The trademark 1. shall not conflict with the registered trademark. If the trademark is the same as or similar to the registered prior trademark of others, it is easy to cause confusion. In order to protect the exclusive right to use a trademark, a trademark that is the same as or similar to the previous trademark cannot be approved for registration.
2. The trademark shall not conflict with the trademark in the preliminary examination announcement. The trademark announced in the preliminary examination enjoys the right of prior application and is protected by law. If the newly applied trademark is the same as or similar to the trademark in the preliminary examination announcement, the Trademark Office will reject the newly applied trademark according to law.
3. Trademarks shall not conflict with commodity names. Trade name right is an industrial property right that is confirmed by the administrative department for industry and commerce and protected according to law according to relevant laws and regulations. If a newly registered trademark has the same name as another firm, it will easily cause confusion in economic activities. Therefore, it is difficult to approve the registration of trademarks that are the same as those of other firms.
4. Trademarks shall not conflict with the patent right and copyright of appearance. Patent right and copyright of appearance are protected by intellectual property law. If the words and graphics of the newly applied trademark imitate or copy the decoration, design or other literary and artistic works of other people's goods, it will infringe upon the copyright or patent right of others and will not be approved for registration.
5. Trademarks shall not conflict with civil rights. Civil rights are protected by law. Without my consent, the portraits, names, stage names and pen names of others shall not be used as trademarks.
Whether the trademark violates the prohibition of registration, Article 10 of the Trademark Law stipulates that the following marks shall not be registered as trademarks:
1, which is identical with or similar to the symbols of countries and intergovernmental international organizations;
2, easy to produce adverse effects of words, graphics;
3. Names of administrative divisions at or above the county level and foreign place names known to the public.