in China, a trademark can be composed of characters, graphics or a combination of the two, wherein the characters include Chinese or foreign languages. At present, "three-dimensional trademark", "sound trademark" and "smell trademark" are not the objects protected by China's Trademark Law.

China's Trademark Law stipulates that characters, figures or their combinations used in trademarks should have distinctive features and be easy to identify. At present, it is difficult to make a unified standard for the distinctiveness of trademarks. For different goods and different trademarks, the standard of distinctiveness is different, but the registered trademark will definitely enable consumers to distinguish the goods of different enterprises.

In addition, China's Trademark Law has the following requirements for words or graphics that are prohibited from forming trademarks:

1. They are identical or similar to the national name, national flag, national emblem, military flag and medal of the People's Republic of China;

2. It is the same as or similar to the foreign country name, national flag, national emblem and military flag badge;

3. It is identical with or similar to the flag, emblem and name of an intergovernmental international organization;

4. identical with or similar to the symbols and names of the Red Cross and the Red Crescent;

5. Common name and figure of this product;

6, directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

7, with ethnic discrimination;

8. Exaggerated propaganda and deceptive;

9. It is harmful to socialist morality or has other adverse effects;

1. The names of administrative divisions at or above the county level in China or foreign names known to the public.

2. How should enterprises choose and design trademarks?

Trademarks reflect the corporate image and are the spiritual business cards of enterprises. People often know a company from its trademark. Therefore, it is very important to choose a good trademark in design. Once the trademark of an enterprise is determined, the next step is to invest huge sums of money in advertising, expand its popularity, and let the public know, accept and like it. If the original trademark was not designed and selected well, and it was found that it was not suitable for consumers' tastes and was not conducive to the promotion of products and services, changing the trademark again would bring great losses to the enterprise. First, economic losses, investment in advertising fees will be wasted; Second, time is lost. It takes time to choose a new trademark, and it takes about one and a half years to register a new trademark. What about this intermediate enterprise? At present, many enterprises choose trademarks very casually and have no long-term plans. This situation should be changed.

so how to design and choose a trademark?

Some enterprises design and choose by themselves, and most of them are designed and screened by external forces. More intelligent enterprises do not hesitate to collect money from the society.

For example, in order to design a trademark that conforms to the customs of all countries in the world and the trademark laws of all countries, Mobil Oil Company invited experts from all walks of life to investigate 55 countries and regions at a cost of more than 1 million dollars for six years, and finally selected an "EXXON" trademark from more than 1, trademarks designed. It can be seen how important it is to choose and design a trademark.

whether soliciting from the society, entrusting others to design or designing and choosing trademarks by enterprises themselves, the following points should be considered:

(1) Legality. China's trademark law and the trademark laws of all countries in the world, including the Paris Convention for the Protection of Industrial Property, all prohibit trademarks. If they are used and registered only in China, they must comply with the provisions of China's trademark law. If products are to be exported abroad, they must be used and registered abroad, and they must also comply with the provisions of foreign trademark laws.

(2) it must conform to folk customs, folk customs and national habits. Trademarks must cater to consumers' tastes, and never use words or graphics that consumers are afraid of. For example, owls are taboo in many places in China. If you use the owl trademark on commodities, then these commodities will definitely not be sold in these taboo areas. In addition, a trademark that is suitable in China may not work in another country, because the customs and habits of each country are different. Therefore, enterprises must consider ethnic factors when choosing a trademark.

(3) the trademark should be consistent with the characteristics of the goods or services used. Every commodity has its own characteristics and uses, so when choosing a trademark, we should consider these characteristics and uses to avoid adverse effects. For example, if a trademark is appropriate for pesticides, it cannot be used for food. "Enemy Kill" is a good suggestive trademark for pesticides, and it must not be used in drinks.

(4) originality. Originality means that trademark design should be creative and original. Original creation can produce amazing works, create attractive trademarks and then develop into well-known trademarks. Kodak (KO-DAK), SONY (Sony), Mercedes-Benz and Haier are all original trademarks. In China, many enterprises are used to choosing flowers, birds, insects, landscape trees, cultural relics, birds and animals as trademarks, such as dragons, phoenixes, the Great Wall, etc., which lack innovation, are not attractive and fail to meet the requirements as a good trademark.

of course, in recent years, there have been many excellent trademarks that have broken through the traditional frame, boldly conceived and unconventional, such as "Jianlibao" trademark in Guangdong, "Wahaha" trademark of Wahaha Company in Hangzhou, "Founder" trademark of Founder Group Company in Peking University and so on. The trademark "Red Bean" in Hodo Group Co.,Ltd., Jiangsu Province is also a masterpiece of trademark, which reminds people of the poem "Acacia" by Wang Wei, a great poet in the Tang Dynasty: "when those red berries come in springtime, flushing on your southland branches, take home an armful, for my sake, as a symbol of our love." It is through this innovative brand that Red Bean Clothing Company has developed and expanded in a short period of several years.

3. Differences between trademarks and trade names

Trade names are common names of goods, and their function is to distinguish different kinds of goods. The function of trademarks is to distinguish the goods produced by different producers.

4, the difference between the trademark and the trade name

Trade name, also known as the name of the manufacturer, is the name of the enterprise, and the trade name is a part of industrial property rights. As well as trademarks, they are protected by law. Its function is to identify different enterprises within a certain geographical scope and in a certain industry. Moreover, it identifies the whole enterprise, and the role of trademarks is to distinguish the goods of one enterprise from those of other enterprises; Trade names must be registered in accordance with the Conditions for the Administration of Enterprise Name Registration before they can be obtained and used, and used and managed in accordance with the Regulations. Trademarks must be managed and used in accordance with the Trademark Law. Trademarks may or may not be registered, and the legal effects of trademark registration and trade name registration are different. Once a trademark is approved for registration, no one else may use or register the same or similar trademark on the same or similar goods nationwide. On the other hand, regional protection is implemented for trade names. There is another difference between trademarks and trademarks, that is, an enterprise can use and register many trademarks, while there is only one trade name.

Trademarks and trade names are closely related. They often appear on the same commodity or commodity packaging at the same time, and they interact and cooperate with each other. * * * plays the role of identification and promotion.

5. The difference between trademark and decoration

Commodity decoration is the decoration on commodity packaging, and its main function is to beautify commodities and attract consumers. The main difference between trademark and commodity decoration is that, first of all, the main function of trademark is to distinguish the manufacturers or operators of commodities, while commodity decoration beautifies commodities to arouse consumers' desire to buy; Secondly, trademarks should have distinctive features, and the composition should be simple, bright and eye-catching. Commodity decoration is generally composed of more complex patterns and colors. Thirdly, once the trademark pattern is registered, it cannot be changed, and it is protected by the trademark law, and the decoration of goods can be changed at will. Finally, the content of a trademark can't show and explain the content, nature and characteristics of a commodity, but as a commodity decoration, it can show the content, nature and characteristics of a commodity.

6. Weaknesses of unregistered trademarks

1) The trademark user does not enjoy the exclusive right to use the trademark.

2) once others register the trademark first, the first user of the trademark can no longer use the trademark.

3) The unregistered trademark may be the same as or similar to the registered trademark used in the same or similar goods, thus causing infringement.

4) unregistered trademarks cannot form industrial property rights, so they cannot become intangible assets of users.

in short, the use of unregistered trademarks will affect the production and business activities of enterprises.

7. What trademark can be applied for international registration

A trademark that applies for international registration must be a trademark that has been registered or preliminarily approved in China. The name of the applicant should be exactly the same as that registered in China; Trademarks should be exactly the same as those registered in China, and the goods and services reported should be the same as or within the scope of those registered in China.

8. Who can apply for international registration of trademarks

The applicant should have a real and effective industrial and commercial office in China; If not, the applicant should have a residence in China; If there is no domicile, the applicant should have Chinese nationality and be a national who is not a member of the Madrid Agreement. If there is a foreign-funded enterprise in China, he can also apply for international registration to the Trademark Office in China. In addition, both corporate legal persons and natural persons in Taiwan Province can apply for international registration to the Trademark Office in China, and their qualifications are regarded as mainland applicants.

9. What is trademark objection

Anyone can raise an objection to a trademark that has been preliminarily announced and announced by the Trademark Office within three months from the date of announcement. The so-called objection refers to raising an objection to the trademark that was preliminarily announced by the Trademark Office according to law and asking the Trademark Office to reject the trademark that has been preliminarily approved, that is, asking the Trademark Office not to approve and register the trademark after the expiration of the prescribed three-month objection period. The person who raises an objection may be an interested villain of the trademark. Considering that the trademark that has been preliminarily examined and announced is the same as or similar to the registered trademark on the same or similar goods or services or the trademark that has been preliminarily examined and approved, thus affecting its own trademark rights and interests, and requesting the Trademark Office not to approve the registration of the trademark in order to safeguard its own interests; The person who raises the objection may also be the general public, who thinks that the trademark announced in the preliminary examination violates the prohibition clause stipulated in the Trademark Law, and therefore requests the Trademark Office not to approve the registration of the trademark.

1. Application Procedure for Objection

If an objection is raised to a trademark that has been preliminarily approved by the Trademark Office for announcement, the objector shall submit the Trademark Objection in duplicate to the Trademark Office, which shall specify the issue number, page number and preliminary examination number of the Trademark Announcement published by the objected trademark, and the Trademark Office shall submit the Trademark Objection to the objector, who shall reply within 3 days from the date of receiving the notice, and The Trademark Office that fails to reply at the expiration of the time limit may execute the ruling and notify the relevant parties. Where the objected trademark is announced for registration before the objection ruling takes effect, the registration announcement of the trademark is invalid.

if the objector and the objector are not satisfied with the objection ruling made by the trademark office, they can file a review with the trademark review and adjudication board within 15 days from the date of receiving the notice of the objection ruling.

11. Infringement treatment

In the process of market economy activities, we often find such problems. Many well-known products of well-known enterprises often encounter counterfeit products, which brings serious damage to the product reputation of the well-known enterprises. At the same time, some lawless elements try to circumvent the law and use the same or similar packaging decoration and trademark as a well-known commodity on the same or similar goods, so as to achieve the purpose of confusing fish with pearls. Its behavior not only damages the prior rights of enterprises, but also seriously damages the legitimate rights and interests of consumers. It is urgent to crack down on the above-mentioned illegal acts. Only in this way can the legitimate interests of enterprises be protected to the maximum extent.

if a similar situation happens to you, what should you do?

first of all, we should pay attention to the collection of evidence. Because only in the case of sufficient evidence, it is beneficial for administrative law enforcement organs or judicial organs to determine whether an act is an infringement as soon as possible. Therefore, evidence is a prerequisite for the handling of cases. The procedural law stipulates that all the facts that prove the true situation of the case are evidence. Therefore, we should strictly abide by this principle when collecting evidence. In other words, we should try our best to find evidence that is related to the case and can prove the true situation of the case. To sum up, the evidence we are talking about here mainly refers to the following aspects: 1. Proof of the prior rights of the infringed. (including trademark registration certificate, patent certificate, copyright registration certificate, award-winning certificate related to the case, etc.) 2. Product samples of the infringed. 3. Samples of infringing products. 4. Proof of purchasing infringing products. Here mainly refers to the purchase invoice. The invoice must indicate the name of the infringing product, the place where the infringing product was purchased, the price of the infringing product, the name of the seller and other matters.

in the second step, after collecting and sorting out the evidence, we should go to a professional agency for consultation. Professionals will make a preliminary analysis of the case and provide professional advice on the details, which will help us handle the case better.

it should be pointed out here that there are generally two ways to deal with infringement cases. 1. Administrative investigation. The main advantages of this method are that the investigation is strong and the investigation action is fast. Attacking counterfeiters and sellers quickly can effectively stop the spread of infringement. But using this method alone, it is difficult to give the law to the complainant's exhaustion doctrine. This refers to the issue of damages. Generally speaking, the infringer will bring economic losses to the infringed, and the complainant will invest some money and manpower to stop the infringement. Many enterprises hope that the infringer will provide some economic compensation to the infringed to make up for the losses suffered by the infringed. There are also clear provisions in the current Trademark Law and Product Quality Law (see Trademark Law for details). However, it is difficult to claim compensation through administrative organs, so the rights of the infringed person cannot be exhausted. 2. Proceedings. The advantage of applying this procedure is that the investigation power is great, and the complainant can ask the infringer to compensate the infringed person for the losses caused by the infringement he has committed according to the relevant laws and regulations. However, the litigation procedure is relatively complicated, and it is difficult for the complainant to implement it alone without the assistance of a professional lawyer.

The author thinks that there is a problem of value choice between the two specific methods, which is better, and it should also be analyzed according to the specific circumstances of different cases.

the third step is to make a complaint or an indictment. When making a complaint or indictment, we should pay attention to the effective combination of facts and tone in order to facilitate the smooth progress of the case. The author believes that the complaint or indictment is the most direct factor that directly affects the progress of the case, so it is recommended to entrust professionals to complete it.

at the same time, China's trademark law clearly stipulates that "foreigners or foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization designated by the state to act as an agent". In other words, foreigners or foreign enterprises should entrust an organization designated by the state to handle trademark infringement cases in China.

finally, make a complaint or sue.

12. When signing a license contract for the use of a registered trademark, the following conditions should be noted

1. The licensed trademark must be a registered trademark, and the licensor must be the registrant of the registered trademark. This should be self-evident, because only registered trademarks have the right to exclusive use of trademarks, and the right to use licenses is only a derivative of the right to exclusive use of trademarks. But in practice,