1. What are the requirements for product trademark registration?
1. The conditions for product registration as a trademark are as follows:
(1) The registered trademark must have a legal constitution Elements, that is, they must be words, graphics, or combinations thereof, otherwise they cannot be used as trademarks;
(2) The words, graphics, or combinations used in trademarks should have distinctive features and be easy to identify;
(3) The registered trademark shall not use words or graphics prohibited by law;
(4) The registered trademark shall not be identical or similar to a registered trademark that has been revoked or canceled within one year;
(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. Legal basis: Article 13 of the Trademark Law of the People's Republic of China
A trademark that is well known to the relevant public and the holder believes that its rights have been infringed upon , you may apply for well-known trademark protection in accordance with the provisions of this Law.
If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited.
If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.
2. What signs cannot be registered as trademarks
1. Only the common name, graphics and model of the product;
2. Only directly represent the product The quality, main raw materials, functions, uses, weight, quantity and other characteristics;
3. Lack of distinctive features;
4. Application for registered trademark with three-dimensional logo only Shapes resulting from the nature of the goods themselves, shapes required to obtain technical effects, or shapes that make the goods of substantial value shall not be registered;
5. Trademarks applied for registration on identical or similar goods If it is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and is prohibited from use;
6. A trademark applied for registration for different or dissimilar goods is a copy , imitate or translate others' well-known trademarks that have not been registered in China, mislead the public, and cause the interests of the registrant of the well-known trademark to be harmed, the registration will not be granted and the use will be prohibited;
7. Unauthorized agency If a person or representative registers the principal's or represented person's trademark in his or her own name, and the principal or represented person raises an objection, the registration will not be granted and use will be prohibited;
8. If there is a geographical indication for a product, but the product does not originate from the area indicated by the mark and misleads the public, it will not be registered and its use will be prohibited. However, registration that has been obtained in good faith continues to be valid.