1 thought on “Qualification and conditions for applying for trademarks”
Bridget
If a natural person, legal person, or other organizations need to obtain the special rights of trademarks or services in production and operation activities, they shall apply for a trademark registration from the Trademark Office. Application for non -malicious trademark registration for the purpose of use shall be rejected. 1. The trademark applying for registration must have a statutory constituent element, that is, the text, graphics or its combination must be used, otherwise it cannot be used as a trademark. 2. The text, graphics or combinations used by trademarks should have significant characteristics for easy identification. Significantness refers to its obvious characteristics. 3. Trademarks applying for registration shall not use the text and graphics prohibited by the law. 4. The trademark applied for registration shall not be the same or similar to the registered trademarks that have been revoked or canceled for less than one year. However, if you apply for the same or similar trademarks that have been revoked due to the same or similar trademarks that have been revoked due to the three consecutive years in the same or similar commodity, it is not limited by this condition. 5. The trademark applied for registration shall not be the same or similar to others in the same or similar commodity or service.
The legal basis: "Trademark Law of the People's Republic of China" It natural person, legal person or other organizations in production and operation activities, they need to obtain trademarks for their goods or services in production and operation activities. For rights, the trademark registration shall be applied to the trademark bureau. Application for non -malicious trademark registration for the purpose of use shall be rejected. The regulations on commodity trademarks in this law are suitable for service trademarks. The Article 10 The following signs shall not be used as a trademark: (1) The same or similar of the national name, national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. The same or approximation of the names and graphics of the name, logo, the name of the local government, the name of the specific location or the iconic building; However, except by the government's consent; (3) the same or similar to the names, flags, emblems, etc. of the intergovernmental international organizations, except for the organization's consent or misleading the public; ((( 4) If the official signs and inspection marks that indicate control and guarantee are the same or similar, except for authorization; (5) the same or the names and signs of the "Red Cross" and "Red New Moon" Similar; (6) The national discrimination; (7) It is deceptive and easily recognizes the characteristics of the quality of the goods or the place of origin; ( 8) Patients are harmful to socialist morality or other adverse effects. The land names of administrative divisions at or above the county level or foreign place names that the public knows must not be used as trademarks. However, the place name has other meanings or as part of the collective trademark and proof of the components of trademarks; the registered trademarks that have been registered with the land name continue to be effective. 1 11 The following signs shall not be registered as a trademark: (1) Only the common name, graphics, and model of this product; The raw materials, functions, uses, weight, quantity and other characteristics; (3) Other lack of significant characteristics. The significant characteristics of the signs listed in the preceding paragraph and easy to identify can be registered as a trademark. 3 The trademark for registration of registration is not in compliance with the relevant provisions of this Law or the same or approximately similarly approved by the same commodity or preliminary approved by the same product or similar product. No announcement.
If a natural person, legal person, or other organizations need to obtain the special rights of trademarks or services in production and operation activities, they shall apply for a trademark registration from the Trademark Office. Application for non -malicious trademark registration for the purpose of use shall be rejected. 1. The trademark applying for registration must have a statutory constituent element, that is, the text, graphics or its combination must be used, otherwise it cannot be used as a trademark. 2. The text, graphics or combinations used by trademarks should have significant characteristics for easy identification. Significantness refers to its obvious characteristics. 3. Trademarks applying for registration shall not use the text and graphics prohibited by the law. 4. The trademark applied for registration shall not be the same or similar to the registered trademarks that have been revoked or canceled for less than one year. However, if you apply for the same or similar trademarks that have been revoked due to the same or similar trademarks that have been revoked due to the three consecutive years in the same or similar commodity, it is not limited by this condition. 5. The trademark applied for registration shall not be the same or similar to others in the same or similar commodity or service.
The legal basis:
"Trademark Law of the People's Republic of China"
It natural person, legal person or other organizations in production and operation activities, they need to obtain trademarks for their goods or services in production and operation activities. For rights, the trademark registration shall be applied to the trademark bureau. Application for non -malicious trademark registration for the purpose of use shall be rejected.
The regulations on commodity trademarks in this law are suitable for service trademarks.
The Article 10 The following signs shall not be used as a trademark:
(1) The same or similar of the national name, national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. The same or approximation of the names and graphics of the name, logo, the name of the local government, the name of the specific location or the iconic building; However, except by the government's consent;
(3) the same or similar to the names, flags, emblems, etc. of the intergovernmental international organizations, except for the organization's consent or misleading the public;
((( 4) If the official signs and inspection marks that indicate control and guarantee are the same or similar, except for authorization;
(5) the same or the names and signs of the "Red Cross" and "Red New Moon" Similar;
(6) The national discrimination;
(7) It is deceptive and easily recognizes the characteristics of the quality of the goods or the place of origin;
( 8) Patients are harmful to socialist morality or other adverse effects.
The land names of administrative divisions at or above the county level or foreign place names that the public knows must not be used as trademarks. However, the place name has other meanings or as part of the collective trademark and proof of the components of trademarks; the registered trademarks that have been registered with the land name continue to be effective.
1 11 The following signs shall not be registered as a trademark:
(1) Only the common name, graphics, and model of this product; The raw materials, functions, uses, weight, quantity and other characteristics;
(3) Other lack of significant characteristics.
The significant characteristics of the signs listed in the preceding paragraph and easy to identify can be registered as a trademark.
3 The trademark for registration of registration is not in compliance with the relevant provisions of this Law or the same or approximately similarly approved by the same commodity or preliminary approved by the same product or similar product. No announcement.