1. What are the categories of trademark registration products?
Trademark registration Product classification is as follows:
1. Word trademark: Word trademark refers to a trademark composed of words, which includes Chinese characters, ethnic minority characters, foreign A trademark that is a combination of words and Arabic numerals or various different words;
2. Graphic trademark: A graphic trademark refers to a trademark composed of graphics. Graphic trademarks can be divided into several types, such as:
(1) Sign trademark: refers to a pattern trademark composed of some simple symbols.
(2) Geometric trademark: refers to a pattern trademark composed of relatively abstract graphics.
(3) Natural graphic trademarks: refer to graphic trademarks composed of natural objects such as people, animals, plants, natural scenery, etc. as patterns.
3. Letter trademark: Letter trademark refers to a trademark composed of pinyin text, foreign letters such as English letters, Latin letters or phonetic symbols.
4. Digital trademarks: Digital trademarks refer to trademarks composed of Arabic numerals, Roman numerals or Chinese uppercase numerals.
5. Three-dimensional logo trademark: A three-dimensional logo trademark is also called a three-dimensional trademark. It is composed of a three-dimensional object logo with three dimensions: length, width and height. trademark sign.
6. Color combination trademark: Color combination trademark refers to the arrangement and combination of two or more colors.into a trademark.
7. Combination trademarks: Any two combinations of the six trademarks mentioned above can be called combination trademarks or composite trademarks.
8. Audio trademark: An audio trademark is a set of music composed of notes or a special sound as a trademark for goods.
9. Smell trademark: Smell trademark refers to the use of a special smell as a trademark to distinguish different products. (Currently, this kind of trademark cannot be registered as a trademark in China.)
10. Position trademark: A position trademark refers to the three-dimensional shape, shape, and shape of a specific part of a product. A trademark that distinguishes the provider of goods through patterns, colors and combinations thereof.
2. What is the trademark registration process?
Trademark registration process:
(1) Formal review: After the application is submitted, the submitted application documents will be reviewed , trademark drawings, power of attorney and other documents will be reviewed for legality; if they meet the regulations, the application date and application number will be awarded.
(2) Substantive examination: Examine whether the trademark is registrable according to law, whether it is identical or similar to a previously registered trademark, and whether it violates the prohibition of trademark law terms. For a trademark that fails substantive examination, the examining officer will notify the applicant in writing and inform the applicant of the reasons for rejection. The applicant may submit a reexamination within the time limit from the date of receipt of the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and application number will not be retained. Applicants can apply for an extension after paying the extension fee. The trademark examiner may conditionally accept certain trademark registration applications and may require the applicant to give up the right to use certain words or graphics in the trademark.
(3) Announcement: After the trademark passes the review, the applicant will be informed that the trademark application has been accepted and published in the trademark announcement. Anyone can raise objections, state reasons and submit relevant evidence within the three-month announcement period.
(4) Registration approval: Trademarks that are determined to be registrable after opposition, or trademarks that are announced as having no objections will be approved for registration and a registration certificate will be issued.
3. How many years in prison will a person who forges a trademark without authorization be sentenced?
If the case is serious, the person who forges a trademark without authorization shall be punished. Fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely a fine; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and also fined.
Legal basis"Criminal Law of the People's Republic of China" Article 215: Crime of illegal manufacturing and selling of illegally manufactured registered trademarks
Whoever forges or manufactures others’ registered trademarks without authorization or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be sentenced to Or a fine alone; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
4. Crime of forging trademarks without authorization The constitutive characteristics of the crime
The constitutive characteristics of the crime are:
(1) The subject of the crime is a general subject, including individuals or units.
(2) The object of the crime is the state’s management system for registered trademarks and the exclusive rights of others to register trademarks. Counterfeiting , Making or selling other people’s registered trademarks without authorization is also an act that infringes on other people’s registered trademark rights. It is an act that is harmful to the social economy. If the circumstances are serious, it constitutes a crime and should be punished.
(3) The subjective aspect of the crime is intentional, that is, knowing that it is an act that infringes on the ownership of another person’s registered trademark, but still committing this act.
(4) The objective aspect of the crime must be the act of counterfeiting, making without authorization, or selling other people's registered trademarks.
According to the law, the criminal consequences of this crime It must be a large amount of illegal income or other serious circumstances. The so-called other serious circumstances refer to conspiring with criminals who counterfeit other people's registered trademarks to provide criminals with convenient conditions for manufacturing, selling, using, warehousing, transporting, mailing, concealing, etc. accomplices of others. Using bribery and other means to sell counterfeit goods. Making unauthorized use of trademarks registered by others. Causes adverse effects due to forgery or unauthorized making of trademarks registered by others.
If the above four conditions are met at the same time, the conditions for this crime are met and a crime is constituted. Whoever commits this crime and the amount of illegal gains is relatively large or there are other serious circumstances shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or public surveillance, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall also be fined gold.
So, the division of product categories for trademark registration starts with word trademarks and ends with position trademarks. There are ten types in total. Therefore, in daily life, merchants should pay attention to the classification of trademark types to avoid some legal problems. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
