Which trademarks can apply for registration? Article 9 of the Trademark Law stipulates that "a trademark applying for registration shall have distinctive features and be easy to identify". The requirement that a trademark must have distinctive features is determined by its identification function. When a trademark is used in the market, consumers should clearly know that it is a trademark, not a decoration or explanation. Therefore, trademarks must have distinctive features and be easy to identify. Except for distinctiveness, according to Articles 10 and 11 of the Trademark Law, the following words and graphics are not allowed to be used in a trademark: (1) If it is identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), the use of a trademark is prohibited. (2) It is forbidden to use trademarks that are identical with or similar to foreign names, national flags, national emblems and military flags. Except those agreed by the government. (3) identical with or similar to the name, flag or emblem of an intergovernmental international organization. Except with the consent of the organization or not easy to mislead the public. (4) identical with or similar to the official mark or inspection mark indicating the implementation of control and guarantee. Except those authorized. (5) identical with or similar to the symbols and names of the Red Cross and the Red Crescent. (6) the common name and figure of the commodity. The generic name of this commodity refers to the name of a certain kind of commodity commonly used in a certain range. It is forbidden to use the common name and figure of a commodity as the trademark of the commodity, on the one hand, because it cannot distinguish different operators and is not significant; On the other hand, it is to prevent generic names and graphics from being monopolized unfairly. However, this name or figure can be approved if it is combined with prominent signs to apply for registration. (seven) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods. Words or graphics that directly indicate the quality, main raw materials, functions, uses, weight and quantity of goods or services are descriptive words or graphics commonly used by operators in their goods or services, which belong to the category of * * * *, and exclusive monopoly should be prohibited. If the words or graphics of a trademark indirectly describe or only imply the quality of the goods or services it uses, or other parts of the trademark are significant, it can be registered. (8) ethnic discrimination. (9) exaggerating propaganda is deceptive. The words, graphics or their combination of trademarks exaggerate and publicize the quality, main raw materials, functions, uses, weight and quantity of the goods and services used by them, which are deceptive and are prohibited from being used as trademarks. But those who exaggerate but are not deceptive are not subject to this restriction. (10) is harmful to socialist morality or has other adverse effects. Any behavior that violates social public interests and public order and socialist morality is prohibited by this clause. (1 1) The geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks, except that the geographical names have other meaning or are part of collective trademarks or certification trademarks. Geographical name trademarks are easily regarded as indicating that goods and services come from a certain place, lacking the function of distinguishing different operators and not suitable for monopoly. Therefore, it is one of the international practices to prohibit the use of place names as trademarks. In addition to the above, the Trademark Law also requires that the trademark applied for registration shall not infringe upon other people's prior rights such as copyright and patent right of design, and shall not copy or imitate other people's well-known trademarks.
Legal objectivity:
Trademark registration is the premise and condition for trademark users to obtain the exclusive right to use trademarks. Only registered trademarks are protected by law. The principle of trademark registration is the basic standard to determine the exclusive right to use a trademark. The choice of different registration principles is the result of weighing the relationship between legal certainty and legal fairness on this issue. 1. Determine the trademark to be applied for and the trademark of the product to be protected: it can be just words, graphics, or a combination of the two (because the name you want is probably registered by others or similar, you can think of more than one name and then inquire; Commodities that need to be protected, such as clothing or liquor, can be selected according to the trademark classification table. If you are not sure, you can also consult relevant departments or professionals. 2. One way to choose registration is to apply for registration at the Trademark Registration Hall of the State Trademark Office (No.8 Sanlihe East Road, Xicheng District, Beijing); The other is to entrust an experienced trademark agency to organize agency services. Note: If you have no experience in registering trademarks and do not understand relevant laws and regulations, I suggest you entrust an agency to help, which will save you a lot of time and energy. 3. Before registration, it is best to find an authoritative and experienced organization to inquire, because your trademark may be the same as or similar to that of other registrants, so the inquiry before registration can greatly reduce the risk of trademark registration, improve the certainty of trademark registration and avoid conflicts with others. Note: Because different people are in charge of trademark inquiry and examination, they may have different opinions on the viewpoint of examination, so the result of trademark inquiry cannot be used as the final legal basis. 4. Prepare 6 trademark patterns (6 colored trademarks with specified colors, black and white ink 1 sheet), with the length and width not greater than 10 cm and not less than 5 cm. If the direction of the trademark pattern is not clear, the arrow indicates up and down; If an individual applies, he/she needs to show his/her ID card and provide relevant proof of use; Where an enterprise applies, it shall produce a copy of its business license and submit a copy stamped with the official seal, as well as a trademark agency power of attorney stamped with the official seal of the unit and the personal signature. 5. Applicants for the registration of identity trademarks must be enterprises, institutions, social organizations, individual industrial and commercial households, individual partnerships, foreigners and foreign enterprises in countries that have signed agreements with China, concluded international treaties with China or handled according to the principle of reciprocity. Note: If you can get the status of an overseas investor, the registration procedure will be much simpler. Apply according to the classification of goods and services. At present, goods and services are divided into 45 categories, including 34 categories of goods and services 1 1. When applying for registration, the category of goods or services using trademarks shall be determined according to the classification in the Classification Table of Goods and Services; Where the same applicant uses the same trademark on different categories of goods, it shall apply for registration according to different categories. Determination of the date of application This is the most important point: since China adopts the principle of applying first in trademark registration, once you have a trademark dispute with other enterprises, the enterprises with the earlier application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application. After receiving the written examination of the application, the Trademark Office will issue the Notice of Acceptance of Trademark Registration about 1 month. Then there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination of the Trademark Office can not be registered until three months after the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of the validity period, it may apply for the renewal of the trademark registration. 6. After obtaining the trademark registration certificate, the Trademark Office will issue a certificate to the registrant. If it is organized through an agent, the agent will send the trademark registration certificate to the registrant; For direct registration, the registrant shall obtain the trademark certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate. At the same time, he shall also bring with him a letter of introduction for obtaining the trademark registration certificate, the witness's ID card and its photocopy, the original business license and the photocopy stamped by the local industrial and commercial department, the notice of obtaining the Trademark Registration Certificate, and the certificate of change issued by the industrial and commercial department if the name of the trademark registrant changes. Note: It usually takes about two to two and a half years from the application to the issuance of a new trademark, of which the acceptance and formal examination of the application takes about four months, the substantive examination takes about ten to eighteen months, the objection period is three months, and the approval announcement takes about three months to the issuance of the trademark.