What are the components of a trademark
According to the provisions of Article 8 of China’s new Trademark Law: “Anything that can Visible signs that distinguish the trademarks of natural persons, legal persons or other organizations from the goods of others, including text, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for registration as trademarks.” Obviously, the legal components of a trademark are: "text, graphics, letters, numbers, three-dimensional logos and color combinations that can be visually distinguished, and combinations of the above elements."
In addition, the smell, sound, etc. of products cannot currently be used as trademarks in our country.
is the text that constitutes the trademark, which can be Chinese characters (simplified Or traditional Chinese characters, variant Chinese characters cannot be used), Chinese pinyin, ethnic minority characters, English and other countries’ characters or letters, numbers, different characters can be used in combination.
As the graphics that make up a trademark, there is unlimited room for change. However, any graphic that constitutes a trademark will be classified according to the "Establishment of the International Classification of Graphic Elements of Trademarks" after applying for registration.Classify accordingly the requirements in the International Classification of Figurative Elements of Trademarks annexed to the Convention.
As the letters that make up the trademark, they refer to pinyin characters or The smallest writing unit of phonetic symbols, including pinyin characters, foreign letters such as English letters, Latin letters, etc. The original Trademark Law classified trademarks consisting only of letters into the category of word trademarks. However, the newly revised Trademark Law in 2001 regarded letters as one of the constituent elements of a trademark. This provision is more realistic and convenient for trademark supervisors. The department reviews and approves trademark registration applications in accordance with the law.
The numbers that are the components of the trademark are also new in 2001. New provisions of the Trademark Law. The numbers constituting the trademark can be either Arabic numerals or Chinese uppercase numerals.
As a three-dimensional mark that constitutes a trademark, it can also be called A three-dimensional sign is a three-dimensional object sign with three dimensions: length, width and height. A trademark mark composed of a three-dimensional mark is called a three-dimensional mark. It is different from the trademark pattern that we usually see on a flat surface. Instead, it appears in a three-dimensional material form. This form may appear on the appearance of the product. It can also be displayed on the container or other places of the product. The addition of regulations for the registration and protection of three-dimensional trademarks is a new addition to the newly revised Trademark Law in 2001, which will make my country's trademark protection system more complete.
Color combination alone as a trademark element is also a trademark in the new Trademark Law 》Newly added content. Unique and novel color combinations can not only give people a sense of beauty, but also have distinctiveness, can play a role in indicating products or sources, and can also play a role in distinguishing producers, operators or service providers.
The above six types of trademark elements can be registered as trademarks separately. alsoAny combination of two or more of the above elements, identical or different, can be made, but must comply with the relevant provisions of Articles 8 and 9 of the Trademark Law.
As the words, graphics, letters, and numbers that constitute the trademark The colors of , three-dimensional marks or their combinations, if no specified color requirements are explicitly stated when applying for registered trademarks, will be registered as black and white and will also be protected as black and white. If a designated color or color combination is clearly stated, the registration will be based on the designated color or color combination, and the designated color or color combination will also be protected.
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