1. The trademark applied for registration must have legal elements, that is, it must be text, graphics or a combination thereof, otherwise it cannot be used as a trademark.
2. The words, graphics or combinations used in the trademark should have distinctive features and be easy to identify. Among them, distinctiveness means that it should have its obvious characteristics.
3. The trademark applied for registration shall not use words or graphics prohibited by law.
4. The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year.
1. What conditions are required to register a trademark?
my country’s Trademark Law stipulates the conditions that applicants for trademark registration and the trademark applying for registration must meet. Only those who meet the prescribed conditions can to be allowed to register.
First of all, Chinese applicants for trademark registration must be legally established enterprises, institutions, social groups, individual industrial and commercial households, and individual partnerships.
Secondly, the trademark applied for registration should meet the following conditions:
1. The trademark applied for registration must have legal constituent elements, that is, it must be text, graphics or a combination thereof, otherwise it cannot be used as a trademark.
2. The words, graphics or combinations used in the trademark should have distinctive features and be easy to identify. Among them, distinctiveness means that it should have its obvious characteristics.
3. The trademark applied for registration shall not use words or graphics prohibited by law.
4. The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year. However, if you apply for registration of a trademark that is identical or similar to a registered trademark that has been canceled due to cessation of use for three consecutive years on the same or similar goods, you are not subject to this condition.
5. The trademark applied for registration shall not be identical or similar to a trademark that has been registered or preliminarily approved by others for the same or similar goods or services.
2. What are the restrictions on trademark registration?
1. A trademark applied for registration on the same or similar goods shall not be identical or similar to someone else’s registered trademark or a preliminary approved trademark. text, graphics or combinations thereof.
The so-called identical trademark refers to two trademarks used on the same or similar goods with the same text and graphics. Trademarks with the same pronunciation also belong to the same trademark.
The so-called similar trademarks refer to trademarks that have substantially the same elements such as words, graphics, pronunciation or meaning used as trademarks on the same or similar goods.
If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to another person’s trademark that has been registered or preliminarily approved for the same or similar goods, the Trademark Office shall reject the application and shall not be announced.
2. If a registered trademark is revoked or cancelled, within one year from the date of cancellation or cancellation, trademarks that are identical or similar to the trademark cannot be approved for registration.
If a registered trademark is revoked or is not renewed upon expiration, the Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark within one year from the date of cancellation or cancellation.
After examination by the Trademark Office, the trademark applied for registration shall be deemed to comply with the relevant provisions of the "Trademark Law" and shall be initially reviewed and announced; if the trademark is deemed to be inconsistent with the relevant provisions of the "Trademark Law", it shall be rejected. If the party is dissatisfied, it may submit a review to the Trademark Review and Adjudication Board. The Trademark Office's review of trademark registration applications is an administrative act, and the accuracy of its conduct depends to a large extent on the examiner's sense of responsibility and professional level. Since trademark examination is highly subjective, it is difficult to unify the examination standards. Therefore, applicants should not give up easily after receiving a rejection notice from the Trademark Office, but should carefully study the reasons for rejection. If you think the reason is untenable, you should apply for review in a timely manner.
Legal basis: Article 9 of the Trademark Law
The trademark applied for registration shall have distinctive features that are easy to identify and shall not conflict with the legal rights previously obtained by others. The trademark registrant has the right to indicate "registered trademark" or registered mark.