How to understand the components of a trademark
Conditions for trademark formation Necessary conditions for trademark
The necessary requirements for a trademark include two items:
First, it should have legal constituent elements. Any visible sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for as a trademark register. Trademarks such as sounds and smells that cannot be perceived visually cannot be registered in my country;
Second, the trademark should have distinctive features. The distinctive characteristics of a trademark can be obtained in two ways: first, the distinctive characteristics inherent in the mark itself, such as a trademark with a novel concept and unique design; second, obtaining distinctive characteristics through use, such as a narrative mark that directly describes the quality of the goods and other characteristics. If the use obtains distinctive features and is easy to identify, it can be registered as a "secondary meaning" trademark.
Trademark prohibition conditions
The prohibited conditions of a trademark, also known as the negative elements of a trademark, refer to situations where the mark of a registered trademark should not have.
(1) Shall not infringe the prior rights of others or Legitimate interests
The main contents are: No content in the same or If a trademark on similar goods is identical or similar to a registered or previously applied trademark; 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 is prohibited. Use; if a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public, and causing the interests of the well-known trademark registrant to be harmed, registration will not be allowed and prohibited. Use; without authorization, the agent or representative registers the trademark of the principal or represented person in his own name, and if the principal or represented person raises an objection, the registration will not be granted and the use will be prohibited; any unfair use shall not be allowed. Preemptively register a trademark that has been used by others and has a certain influence; shall not infringe other people's other prior rights, such as design patent rights, copyrights, name rights, portrait rights, trade name rights, exclusive rights to special signs, exclusive rights to the Olympic logo, Unique names, packaging, decoration rights, etc. of well-known products.
(2) Shall not violate the provisions of the Trademark Law prohibiting the registration or use of certain marks
Trademark Law mainly provides provisions in the following two aspects:
First, signs that are prohibited from being registered or used as trademarks ：
Same as the country name and national flag of the People's Republic of China , the same or similar national emblem, military flag, medal, and the same name as the name of a specific place where the central state agency is located or the name or figure of a landmark building; the same or similar name, national flag, national emblem, or military flag of a foreign country, but Except with the consent of the government of the country; identical or similar to the flag, emblem, or name of an intergovernmental international organization, except with the consent of the organization or not likely to mislead the public; identical with the official mark or inspection mark indicating the implementation of control or guarantee, or Similar, except those authorized; identical or similar to the signs and names of the "Red Cross" and "Red Crescent"; ethnically discriminatory; exaggerated propaganda and deceptive; harmful to socialist morality It is fashionable or has other adverse effects; the name of an administrative division at or above the county level or a place name known to the public, except where the place name has other meanings or is part of a collective trademark or a certification mark. Registered trademarks using place names will continue to be valid; in trademarks If there is a geographical indication for goods, but the goods do not originate from the area indicated by the mark and mislead the public, they will not be registered and their use will be prohibited; however, registration that has been obtained in good faith will continue to be valid.
Second, registration as a trademark is prohibited but can be Logo used for unregistered trademarks or other marks:
① Only the general name, graphics and model of the product; only directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product; lacking distinctive features. The above-mentioned marks that have acquired distinctive features through use and are easy to identify can be registered as trademarks.
② When applying for a registered trademark with a three-dimensional mark, a shape that is solely caused by the nature of the product itself, a shape of the product that is necessary to obtain technical effects, or a shape that makes the product of substantial value shall not be registered.
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