What can be registered as a trademark

Any sign capable of distinguishing the goods of a natural person, legal person or other organization from the goods of another person.

The Trademark Law stipulates that any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, can be registered as a trademark. Pay attention to the copyright ownership of the trademark logo design.

The place name of the administrative division at or above the county level or the foreign place name known to the public shall not be used as a trademark. However, geographical names have other meanings or are part of a collective mark or certification mark. Trademarks that have been registered for the use of geographical names continue to be valid.

According to the provisions of China's Trademark Law, 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 a combination of the above elements, can be applied for registration as a trademark.

The new Trademark Law, amended in 2013, added a sound trademark, which specifically stipulates that any 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, color combinations and sounds, as well as a combination of the above elements, can be applied for registration as a trademark.

How to search for trademarks:

1. Check the official website of the Trademark Office.

2. Query on other trademark data platforms.

You can log in.

1. What can be applied for as a trademark.

1. Words, graphics, letters, numbers, three-dimensional signs and color combinations, and sounds can be applied for as trademarks. If it is harmful to socialist morality or has other adverse effects, the place name of the administrative division at or above the county level or the foreign place name known to the public shall not be used as a trademark, except that the place name has other meanings or is a part of the collective trademark or certification mark.

2. Legal basis: Article 11 of the Trademark Law of the People's Republic of China.

The following signs may not be registered as trademarks:

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

3) Other lack of distinctive features.

Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

2. What materials are required for trademark registration?

The materials required for trademark registration are as follows:

1. Applicants from outside the mainland do not need such documents for applications from legal persons or other organizations, business licenses or copies of certification documents of public institutions, associations and other organizations with legal person qualifications;

2. For applications by foreign and Chinese natural persons, a clear copy of the ID card and a copy of the copy of the license of the individual industrial and commercial household where the applicant is a legal person shall be provided; The business scope of the license must be consistent with the scope of the application;

3. The trademark pattern must be clear, clean, black and white, not more than 10 cm x 10 cm, not less than 5 cm x 5 cm, in five copies;

4. For three-dimensional trademarks, drawings that can determine the three-dimensional shape must be provided;

5. For color trademarks, text descriptions need to be submitted;

6. For collective trademarks and certification marks, the qualification certificate of the subject shall be submitted and the rules for the management of use;

7. "Power of Attorney for Trademark**", if the trademark ** agency is entrusted, a power of attorney signed or sealed by the applicant shall be provided. If an applicant from outside the mainland wants to apply for trademark registration in China, he must entrust a trademark agency;

8. "Application for Trademark Registration", which shall be prepared by the first institution if the application for registration is entrusted;

9. Special certification materials, if the portrait is used as a trademark, the authorization letter of the portrait right holder notarized by a notary public shall be provided.

Legal Analysis: Any visible sign that distinguishes the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs and color combinations, sounds, and combinations of the above elements, can be registered as a trademark.

Legal basis: Article 10 of the Trademark Law of the People's Republic of China The following signs shall not be used as trademarks

1) It is the same or similar to the national name, national flag, national emblem, military flag, or medal of the People's Republic of China, as well as the name of the specific place where the state organ is located or the name or graphic of the landmark building of the closed and cherry-wing;

2) It is the same or similar to the national name, national flag, national emblem, or military flag of a foreign country, except where the country is the same;

3) The name, flag, or emblem of the same international organization is the same or similar, except where it is agreed by the organization or is not likely to mislead the public;

4) It is identical to or similar to the official mark or inspection mark indicating the exercise of control or guarantee, except where it is authorized;

5) Identical or similar to the name or emblem of the "Red Cross" or "Red Crescent";

6) Ethnically discriminatory;

7) exaggerated and deceptive;

8) It is harmful to socialist morality or has other negative influences.

Words, graphics, etc. can be applied for registration as trademarks, and the necessary requirements for a trademark include two items:

First, there should be statutory constituent elements. Trademarks such as sound and smell that cannot be visually perceived cannot be registered in China;

Second, the trademark should have distinctive features.

A trademark is an important property of a company or enterprise, an important sign to distinguish it from other goods, and one of the most important ways for users to identify, but the acquisition of a trademark can only be obtained through the prescribed procedures, so that other companies cannot infringe on the company's registered trademark. Trademarks are protected by law, and the registrant has the exclusive right. There is a difference between a "registered trademark" and an "unregistered trademark" in China.

A registered trademark is a trademark that is protected by law after being registered by the relevant authorities, and an unregistered trademark is not protected by the trademark law.

1. What should I do if my trademark registration is rejected?

The Trademark Office shall notify the applicant for trademark registration in writing of a trademark that has been merged or not published by the applicant for rejection. If the applicant for trademark registration is not satisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.

If an objection is raised against a preliminarily approved and published trademark, the Trademark Office shall hear the facts and reasons stated by the objector and the objectee, and make a ruling after investigation and verification. If the party concerned is not satisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice, and the Trademark Review and Adjudication Board shall make a ruling and notify the objector and the objectee in writing.

If a party is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice. The people's court shall notify the opposing party to the trademark reexamination procedure to participate in the litigation as a third party.

If the party concerned does not apply for a review of the ruling made by the Trademark Office within the statutory time limit, or does not file a lawsuit with the people's court for the ruling made by the Trademark Review and Adjudication Board, the ruling shall take effect. If the objection cannot be established after ruling, it shall be registered with nuclear liquid, issued with a trademark registration certificate, and announced; If the objection is sustained, the registration shall not be approved. If the objection cannot be established and the registration is approved, the time for the applicant for trademark registration to obtain the exclusive right to use the trademark shall be calculated from the date of expiration of the three-month period of the preliminary examination announcement.

1. It is convenient for consumers to recognize the brand and shop.

2. The trademark registrant has the exclusive right to use the trademark and is protected by law.

3. Through trademark registration, you can create a brand and occupy the market first.

4. A trademark is an intangible asset whose value can be evaluated.

5. Trademarks can be transferred, licensed to others, or pledged to realize their value.

6. Trademark is also a necessary condition for quality inspection, car inspection, bar code, etc.

7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.

1. What materials need to be submitted to apply for a certification trademark?

To apply for a certification mark, you need to submit the following materials:

1. A copy of the application for trademark registration;

2. Documents and photocopies certifying the qualifications of the trademark applicant, or valid photocopies stamped with the applicant's seal;

3. 5 trademark drawings, which are required to be clear, and the specifications are not less than 5 cm and not more than 10 cm in length and width; Wait a minute.

Legal basis] Article 3 of the Trademark Law stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or its Zhengfanhong organization for use by its members in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.

2. How long is the validity period of a registered trademark?

1. The validity period of a registered trademark is 10 years, although the term of trademark registration is 10 years, but after the expiration of the validity period of the registered trademark, if you want to continue to use it, you should apply for trademark renewal registration within 6 months before the expiration, and you can continue to use the trademark after the trademark renewal application is successful.

2. The 6-month period is called the grace period, but if the trademark renewal application has not been processed within the 6-month grace period, the Trademark Office will cancel the trademark, so after the trademark registration application is successful, pay attention to the trademark expiration time regularly to ensure that the trademark can be renewed before the expiration of the trademark.

Any visible mark capable of distinguishing the goods of natural dusters, legal persons, or other organizations from the goods of others.

Any visible sign that distinguishes the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numerals, three-dimensional signs and combinations of colors, sounds, and combinations of the above-mentioned elements, can be registered as a trademark.

Trademark is a specialized legal term. A trademark is a mark used to identify and distinguish goods or sellers' services**.