What are the requirements for trademark registration?

1. Main conditions The applicant for trademark registration must be: enterprises, public institutions, social organizations, and individual industrial and commercial persons established in accordance with the law. 2. Application conditions Meet the requirements of classification according to goods and services At present, China's trademark law implements the international classification of goods, which divides more than 10,000 kinds of goods and services into 45 categories, including 34 categories of goods and 11 categories of services.

When applying for trademark registration, the class of goods or services for which the trademark is used shall be determined according to the classification of the Classification of Goods and Services. If the same applicant uses the same trademark on different classes of goods, it shall file an application for registration in different classes according to the classification of goods. 3. Procedural conditions Trademark examination is an inspection conducted by the competent trademark registration authority on whether the trademark registration application complies with the provisions of the Trademark Law, including data retrieval, analysis and comparison.

Investigation and research and decision to give preliminary approval or reject the application - a series of activities.

Requirements that need to be met for trademark registration:

1. The trademark shall have individual characteristics, be easy to identify, and shall not be prohibited from being used or registered under the Trademark Law, and shall not conflict with the registered trademark. Before registering an application for a trademark, it is necessary to check whether the trademark to be registered is the same or similar trademark;

2. The trademark applied for registration must have the statutory constituent elements, including words, graphics, etc. or a combination thereof, and shall not use words or graphics prohibited by law;

3. The subject of the trademark registration application can be an enterprise or a natural person established in accordance with the law, and only the subject that meets the prescribed conditions can be registered. Prepare the corresponding application materials according to different subjects;

4. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by him or her in the business license or relevant registration documents, or to the agricultural and sideline products that he or she operates;

There are two types of conditions for applying for a registered trademark, one is the conditions that the applicant must meet for the registered trademark, and the other is the conditions that the applicant needs to meet for the registered trademark. China implements the principle of voluntary trademark registration, and the application for registration of a trademark must be submitted to the Trademark Office by the applicant on its own initiative, and the applicant for a registered trademark should be an enterprise legal person, or an individual industrial and commercial household, or a rural contracted business household, or other natural persons who are allowed to engage in business activities in accordance with the law.

In addition, if the applicant does not meet the qualification requirements of the trademark registration application, the Trademark Office will not accept the registration application. The trademark applied for must meet the following conditions:

1. The constituent elements of a trademark shall comply with the regulations, that is, it shall be composed of a single or combined element of "words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds" as stipulated in the Trademark Law.

2. The basic function of a trademark is to identify, so a trademark composed of the above elements must have its own distinctive characteristics and cannot be confused with other trademarks.

Information required for trademark registration:

1.Applicant's information and documents;

2.Trademark name: Trademark reproduction;

3.product category and product name;

4.The U.S. is required to provide evidence of use;

5.Some countries require a power of attorney.

Legal analysis: The conditions for a registered trademark are as follows: First, the trademark applied for registration should have distinctive features that distinguish it from other goods or services.

Legal basis: Article 9 of the Trademark Law of the People's Republic of China on the People's Republic of China The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. The trademark registrant has the right to mark the "registered trademark" or the registered mark.

What are the conditions for applying for a registered trademark

1. The applicant must be the owner of the trademark applied for, and be a natural person, legal person or other organization within the province;

2. The trademark has been used for three consecutive years from the date of approval of registration and continues to be valid, and there is no dispute over ownership;

3. The trademark is well-known to the relevant public and has a high reputation in the relevant market;

4. The main economic indicators such as annual sales, operating income, net profit and tax revenue of the goods approved for use of the trademark in the past three years are leading in the same industry in this province;

5. The applicant has a good reputation, has a sound trademark management agency and trademark management system, and has no illegal acts in the past three years;

6. If the goods approved for use by the trademark are export goods, the trademark shall be registered in the relevant countries or regions and have a wide sales area.

Registered trademark materials

1.If you apply for registration in the name of the enterprise, you need to provide a copy of the business license and affix the official seal to the copy of the business license;

2.If you apply for registration in your personal name, you need to provide one copy of your personal ID card and a copy of your business license, and the copy of your business license must be stamped with an official seal;

3.Provide trademark words or drawings, and if the color needs to be protected, color drawings are also required;

4.The goods and services to be registered may be filled in according to the goods or services provided by the applicant himself/herself, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Ni-Ss Classification) and the Table of Distinction of Similar Goods and Services as amended by the Trademark Office in accordance with the above-mentioned international classification;

5.Provide a "Power of Attorney for Trademarks" stamped or signed by the official seal, which can be obtained from this **; In particular, it should be noted that the address on the "Trademark ** Entrustment Letter" should be exactly the same as the registered address on the business license.

Trademark Registration:

1. The trademark shall have statutory constituent elements. Any visible sign that distinguishes the goods of a natural person, legal person or other organization from the goods of others, including words or punches, graphics, letters, numerals, three-dimensional signs and color combinations, as well as combinations of the above elements, can be registered as a trademark. Trademarks such as sound and smell that cannot be perceived visually cannot be registered in China;

2. The trademark shall have distinctive features. The distinctive features of a trademark can be obtained in two ways:

1) First, the distinctive features inherent in the sign itself, such as a trademark with novel ideas and unique design;

2) the second is to obtain distinctive features through the use of distinctive features, such as the direct description of the quality of the commodity and other characteristics of the slow narrative signs through the use of distinctive features, and easy to identify, can be used; Second Meaning Trademark Registration.

Article 8 of the Trademark Law of the People's Republic of China provides that any sign that can distinguish the goods of a natural person, legal person or other organization from the goods sold by other persons, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, may be applied for registration as a trademark.

Article 9 of the Trademark Law of the People's Republic of China stipulates that a trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to mark the "registered trademark" or the registered mark.

1) The applicant must submit a copy of the Application for Trademark Registration in accordance with the principle of one trademark for one type of goods. In other words, the goods or services reported in an application can only be limited to one class in the International Classification of Goods and Services for the Purposes of Trademark Registration. If the trademark ** organization is entrusted to handle it on its behalf, a copy of the "Trademark ** Power of Attorney" should also be submitted.

2) The Application for Trademark Registration shall be filled in neatly, and the name and address of the applicant shall be accurate.

3) Each application shall be accompanied by 10 pieces of trademark drawings (specified colors) of color trademarks, 10 colored drawings of Weixiang code, and 1 black and white ink manuscript).

4) Present a copy of the business license of the enterprise or provide a copy of the business license signed by the issuing authority, and if you apply for a registered trademark in the name of a natural person, you should provide the corresponding identity documents.

5) The application documents should be in Chinese, and foreign language documents should be accompanied by Chinese translations.

6) If the portrait of a person is used as a trademark to apply for registration, the applicant must provide a letter of authorization from the portrait right holder and notarize it by a notary public.

7) If a foreign applicant claims priority, he or she must fill in the country of initial application, the date of initial application and the application number on the application form, and submit the priority certificate to the Trademark Office within 3 months.

8) If you apply for the registration of a collective trademark or a certification trademark, you also need to provide the corresponding articles of association and the qualification certificate of the subject.

The trademark applied for registration shall meet the following conditions:

The trademark applied for registration must have the statutory constituent elements, that is, it must be a word, a figure or a combination thereof, otherwise it cannot be used as a trademark.

The words, images, omissions, or combinations thereof used by the trademark for the purpose of returning the goods shall have distinctive features and be easy to identify.

The trademark applied for registration shall not use words or graphics prohibited by law.

The trademark to be registered shall not be identical or similar to a registered trademark that has been revoked or cancelled for less than one year.

Many friends want to apply for a registered trademark, but they don't understand trademark registration, so they come to ask us, what are the conditions for registering a trademark? Next, what conditions are required for registered trademarks, and the conditions for applying for a registered trademark of Qiaoransan, I hope it can be helpful to friends who register trademarks!

The first condition: Min's checks whether the trademark is registered.

Avoid the rejection of a declared trademark because it is identical or similar to a trademark that was registered (applied) earlier! Before applying for a trademark, you need to go to the Trademark Office for inquiry and search. (Trademark searches are based on the principle of voluntary.)

Creative and conceived trademarks shall comply with the provisions of the Trademark Law on the prohibition of use and registration as trademarks, and try to avoid similarity with the trademarks of others in the same class).

The second condition: design the company's trademark, logo

Design a good logo according to the characteristics and nature of the trademark. You can design according to your own ideas, or you can entrust a professional firm to design. Unique logo pattern, easier to pass!

The third condition: fill in the materials.

Fill in the documents (the applicant's name, address, contact person, ** and other contents should be filled in truthfully according to the business license or the identity of the natural person, and the goods and services should be filled in according to the "Classification Table of Similar Goods and Services" published by the Trademark Office), submit materials, pay the fee, and report to the Trademark Office.

Materials to be submitted for registration of a trademark:

Two copies of the trademark registration application form stamped with the applicant's official seal or the signature (seal) of the natural person, and two copies of the trademark ** power of attorney (printed and submitted to the Trademark Office by Duan Shen Law Firm).

A copy of the applicant's business license (legal person registration certificate) or two copies of the natural person's ID card.

Seven copies of the trademark drawing, if the color is specified, six copies of the coloring pattern and one black and white draft (between 5 5cm and 10 10cm) are required.

If the application for a portrait as a trademark is applied, a notarized declaration document of the portrait right holder's consent to be registered as a trademark shall be attached.

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Materials required for individual trademark registration, trademark registration conditions, trademark registration inquiry.

Conditions required for trademark registration and information required for application:

1. Trademark drawings are required;

2. The scope of goods or services to be used by the registered trademark;

3. Identification documents: aIf the unit applies: a copy of the business license of the unit is required; b.For individual applications: a copy of the business license and personal ID card of the individual industrial and commercial household is required.

The documents required for the trademark application to meet the conditions.

Application procedures: 1. Check the trademark first, if there is no same or similar before, you can make the application documents and submit the application;

2. About 1 month after the application is submitted, the Trademark Office will issue you a notice of acceptance of the application (this period is called the formal examination stage).

3. After the formal examination is completed, it will enter the substantive examination stage, which will take about 4 months.

4. If the substantive examination is qualified, it will enter the announcement procedure (this period is 3 months, also known as the opposition period);

5. At the expiration of the announcement period, no objection is raised. You can get the registration certificate.

Trademark registration is the main way to obtain trademark rights, and when registering, the trademark authorities of various countries will examine the application submitted by the applicant for registration in accordance with the national trademark law and the conditions stipulated in international conventions and agreements. Trademark registration conditions are an important part of trademark examination.

Registrable

Any visible sign capable of distinguishing the goods or services of a natural person, legal person or other organization from the goods or services of others, including words, graphics, letters, numerals, three-dimensional signs and color combinations, as well as a combination of the above-mentioned elements, can be registered as a trademark.

The trademark to be applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior legal rights of others.

In addition to indicating the commercial nature of goods or services**, there are other types of trademarks. A collective mark is owned by an association, and its members use the collective mark to indicate that it meets certain quality standards and other requirements established by the association. Some of these associations are the Institute of Accountants, the Institute of Engineers or the Institute of Architects.

A certification mark is a mark used to prove that certain specified standards are met, but is not limited to use by any member only. A certification mark can be obtained by any person who submits proof that the product in question meets certain prescribed standards. For example, the British trademark "Stilton" used for cottage cheese is a certification mark.

Not registrable

The following marks may 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 a specific place where a state organ is located, or the name or graphic of a landmark building;

2. It is the same or similar to the national name, national flag, national emblem and military flag of a foreign country, unless the country** agrees;

3. The name, flag, or emblem of the same international organization is the same or similar, except with the consent of the organization or where it is not easy to mislead the public;

4. Identical or similar to the official mark or inspection mark indicating the exercise of control or guarantee, unless authorized;

5. It is the same or similar to the name or emblem of "Red Cross" or "Red Crescent";

6. Ethnically discriminatory;

7. Exaggerated and deceptive;

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

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, place names have other meanings or as collectives.

Except for trademarks and certification marks; Trademarks that have been registered for the use of geographical names continue to be valid.