What are the conditions for trademark formation?

Applying for trademark registration is a prerequisite for obtaining the exclusive right to use a trademark. Only then can the relevant rights of the trademark owner be protected by law. However, it does not mean that as long as you apply for a registered trademark, you will be granted trademark rights. It is also required to meet certain conditions. So what are the legal conditions for a trademark? The editor of Savior.com will give you detailed answers.

What are the conditions for trademark formation

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 by vision 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 registration conditions include the conditions for trademark registration applicants and the conditions for trademark formation.

1. Conditions for trademark registration applicants. Natural persons, legal persons or other organizations for their production, manufacturing, processing, If the goods you select or distribute or the services you provide require the exclusive right to use a trademark, you must apply for trademark registration with the Trademark Office.

Two or more natural persons, legal persons or other organizations can jointly apply to the Trademark Office to register the same trademark, and jointly enjoy and exercise the exclusive right to the trademark.

2. Conditions for the formation of a trademark. Necessary requirements for a trademark Including two items:

First, there should be legal Constituent elements. Any visible mark 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, are It can be applied for registration as a trademark. Trademarks such as sound and smell that cannot be perceived visually cannot be registered in China.

Second, a trademark should have distinctive features. The distinctive features of a trademark can be obtained in two ways: first, the inherent distinctive features of the mark itself, such as a trademark with novel ideas and unique design; It is a trademark that has acquired distinctive features through use. For example, a narrative mark that directly describes the quality of goods and other characteristics has acquired distinctive features through use and is easy to identify, and can be registered as a "secondary meaning" trademark.

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