What are the requirements for registering a trademark?

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.

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. 2) 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 must meet the following conditions: 1) The constituent elements of the trademark must comply with the regulations, that is, it must 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.

Legal basis: A trademark applied for registration under Article 9 of the Trademark Law of the People's Republic of China 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. It should have statutory constituent elements.

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, numerals, three-dimensional signs and color combinations, as well as a combination of the above elements, can be registered as a trademark. Trademarks such as audio and gas that cannot be visually perceived cannot be registered in China.

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

The first is the inherent distinctive features of the logo itself, such as a trademark with novel ideas and unique design;

Second, if a narrative sign that obtains distinctive features through the use of the scrambling register, such as a narrative sign that directly describes the characteristics of the merchant's quality, absolute respect, etc., is used to obtain distinctive features and is easy to identify, it can be registered as a "second meaning" trademark.

Construction Law.

Trademark registration should meet the following conditions:

1. Proof of subject qualifications1.Individual: Business license of individual industrial and commercial households, copy of ID card of the holder of the license. (Signature in margin).

2.Company: A copy of the company's business license. (stamped in the margin).2. Clear standard samplesThe standard sample includes letters, words, numbers, graphics, three-dimensional signs, color combinations, etc., or a combination thereof.

Whether it's registered by yourself or delegated**. Both are must-haves! If it is an entrustment**, it is also necessary to have a power of attorney.

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, 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) Second, if a narrative sign that obtains distinctive features through the use of such features as directly describing the quality of the goods and other characteristics is used to obtain distinctive features and is easy to identify, it can be registered as a trademark of second meaning.

Article 8 of the Trademark Law of the People's Republic of China 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, may be applied for registration as a trademark.

Article 39 of the Trademark Law of the People's Republic of China stipulates that a registered trademark shall be valid for ten years, calculated from the date of approval of registration.

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.

Article 7 of the Trademark Law of the People's Republic of China shall follow the principle of good faith in applying for the registration and use of trademarks.

The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall, through trademark management, stop acts that deceive consumers.

Article 45.

If a registered trademark violates the provisions of Paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within five years from the date of registration of the trademark. For bad faith registration, the owner of a well-known trademark is not subject to a five-year time limit.

After receiving an application for invalidation of a registered trademark, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and submit a reply within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receipt of the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the parties concerned in writing. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce.

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 adjudication procedure to participate in the litigation as a third party.

In the course of examining a request for invalidation in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the outcome of another case that is being heard by the people's court or handled by the administrative authority. After the reasons for the suspension are eliminated, the review procedure shall be resumed.

The relevant procedural provisions for trademark invalidation are very clear in law, and the judicial authorities must deal with the determination of relevant circumstances in light of the actual facts of the crime and trademark infringement.

According to the provisions of the Trademark Law, the persons who can apply for trademark registration include natural persons, legal persons, enterprises or other organizations, and foreigners can also apply for registered trademarks.

The person who can apply for trademark registration includes a natural person.

The following conditions are required to register a trademark:

1. The applicant is qualified;

2. The trademark shall be a combination of words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, or a combination of the aforementioned elements;

3. The trademark shall not conflict with the prior legal rights of others;

4. Other conditions required for registered trademarks.

[Legal basis].

Article 8 of the Trademark Law of the People's Republic of China.

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.

Article 9 The 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.

Article 56.

The exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods approved for use.

Article 32.

An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.

A registered trademark requires both the trademark registrant and the trademark to meet the conditions prescribed by law, mainly in the following two aspects: First, to apply for a registered trademark in China, the applicant needs to be a natural person, legal person or other organization in China. If a foreigner or a foreign enterprise applies for trademark registration in China, the Trademark Office will handle it in accordance with the agreement signed between the country to which he belongs and China or the international treaty to which he is a party, or in accordance with the principle of reciprocity; Second, the trademark applied for registration needs to meet the following conditions:

1. The trademark applied for registration must have constituent elements; 2. It must be distinctive. It means that it is easy to identify and is not the same as other people's trademarks; 3. Do not use signs that are prohibited by law. For example:

the name of the country, the national flag, the national emblem, etc.; 4. If it belongs to the same or similar goods or services, the trademark cannot be identical or similar to the trademark that has been registered or preliminarily approved by others; 5. The trademark shall not be identical or similar to the registered trademark that has been revoked or cancelled for less than one year.

1. What are the conditions required for a registered trademark?

1. Registered trademarks have the following conditions:

1) To follow the principle of good faith;

2) Be responsible for the quality of the goods using the trademark;

3) The trademark applied for must be distinguishable from the goods of others;

4) The trademark should be distinctive, easy to identify, and should not conflict with the prior legal rights of others.

2. Legal basis: Article 54 of the Civil Code of the People's Republic of China.

A natural person engaged in industrial and commercial operations is an individual industrial and commercial household after being registered in accordance with law. Individually-owned businesses can have a trade name.

2. What are the differences between trademarks and enterprise names?

1. The scope of the exclusive right of the two is different: once the service trademark is approved for registration, it enjoys the exclusive right to use it in the country; The business name has the exclusive right to use it only in the specified area.

2. The two constituent elements are different: the name of the enterprise is generally composed of the name of the administrative division, the trade name, the industry or business characteristics, and the organizational form; A trademark can only consist of a distinctive part that distinguishes it from the services provided by others.

3. The two forms of expression are different: the forms of expression of service marks are words, graphics and their combinations; The name of the business can only be indicated in words.

4. The applicable law is different: the trademark can be transferred or licensed to others; The business name cannot be transferred separately and is not allowed to be used by others.

5. The functions of the two are different: the service mark only distinguishes different service sources, while the enterprise name can identify the operation of different enterprises, including services and goods; A business can have multiple trademarks for services or goods, but there is generally only one business name.

6. The legal procedures applicable to the two are different: as long as the service trademark does not violate the terms prohibited by the Trademark Law and does not infringe on the exclusive right to use the trademark of others, it can be used without registration, but it does not have the exclusive right; The name of the enterprise must be approved and registered by the state-designated main management authority before it can be used.

What are the conditions for applying for a registered trademark

1. The applicant must be the owner of the trademark applied for recognition, and be a natural person, legal person or other organization in 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 Bishouqiao field of the relevant city;

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 system 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 an enterprise, you need to provide a copy of your business license, and you need to register it in your business license.

The photocopy is stamped with the official seal;

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, the address on the Power of Attorney for Trademark ** should be exactly the same as the registered address on the business license.

Trademark Registration: