What are the criteria for whether a trademark is original?

According to Article 30 of the current Trademark Law (Article 28 of the Trademark Law of 2001), "if the trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to the trademark that has been registered or preliminarily approved by another person on the same or similar goods, the Trademark Office shall reject the application and shall not publish it." "In the current rejection of trademark applications, they are basically rejected because the trademarks are identical or similar.

Therefore, "the same or similar trademark + the same or similar goods" has become the key to whether the trademark can be successfully registered. However, how to look at whether a trademark is similar should not only be based on whether the elements of the trademark logo are similar, but also a comprehensive analysis must be conducted in combination with the goods designated for use by the trademark and the popularity of similar trademarks.

According to Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases, trademark similarity refers to the comparison between the allegedly infringing trademark and the plaintiff's registered trademark. It should be made clear that the trademark alleged to infringe refers to the distinctive mark used by the alleged infringer on the goods, packaging, containers, commercial transaction documents, advertisements and other carriers that can indicate the goods; The plagiarized registered trademark must be approved by the Trademark Office and clearly expressed on the original trademark registration certificate.

Of course, these are relatively abstract legal provisions, and the criteria that really affect the determination of trademark similarity have more specific and detailed conditions:

1. Take the degree to which the trademark can attract the attention of the public;

2. It is necessary to compare the whole trademark and the main parts of the trademark at the same time (the comparison needs to be carried out separately in the state of isolation of two or more trademarks).

3. It is necessary to consider the distinctiveness and popularity of the registered trademark as appropriate.

4. The scope of products and services protected by the registered trademark.

In other words, the scope of screening for similar trademarks during trademark registration not only includes the most direct aspects such as the shape, pronunciation, meaning or composition, coloring, appearance, arrangement and combination of words and graphics, appearance, shape and appearance of three-dimensional signs, and similarity of colors or color combinations, but also reviews consumers' understanding (or misunderstanding) of specific trademarks when they consume goods or services.

However, this process is mixed with the personal understanding and opinions of many examiners, which makes the similar examination variables in the trademark registration process quite numerous, and also makes it much more difficult to successfully register the trademark.

Therefore, when applying for a registered trademark, it is also necessary to pay attention to whether the trademark to be registered is similar to the trademark that has been successfully registered, otherwise it will be rejected due to the similarity of the trademarks during the application process, which will waste time and energy.

1. Novelty: The original trademark requires novelty, indicating that the trademark is the first appearance and design of the design or the word, number, logo, etc.; 2 Must not conflict with other prior trademarks.

Legal analysis: The trademark application must be original copyright, and if it has obtained the authorization of others, it can also use the copyright of others. Trademark application is the process by which a natural person or enterprise obtains the exclusive right to a trademark.

The applicant needs to go to the State Trademark Administration to apply for the trademark trademark, and the trademark registration certificate can only be issued after the formal examination and the substantive examination. Trademarks can be divided into word trademarks, figurative trademarks, sound trademarks, three-dimensional trademarks, etc.

1) Without the permission of the trademark registrant, using a trademark that is identical or similar to its registered trademark on the same or similar goods;

2) Selling goods that infringe upon the exclusive right to use a registered trademark;

3) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;

4) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;

5) Causing other damage to the exclusive right to use a registered trademark to another person.

Summary. Dear, glad to answer for you! <>

Trademarks need to be registered as original. From the perspective of intellectual property protection, it is necessary to apply for copyright registration for trademarks, especially those related to content. The trademark sign enjoys copyright protection from the date of completion of the design, and if the copyright registration is applied, it helps to prove that the trademark sign belongs to the creation and completion of the trademark.

It is recommended to apply in time to protect the <>

Does the trademark need to be registered as original?

Dear, glad to answer for you! <>

Trademarks need to be registered as original. From the perspective of intellectual property protection, it is necessary to apply for copyright registration of Huishu, especially the trademark related to the content. The trademark sign enjoys copyright protection from the date of completion of the design, and if the copyright registration is applied, it helps to prove that the trademark sign belongs to the creation and completion of the trademark.

It is recommended to apply in time to protect the <>

Dear, the expansion content is as follows<>

Article 213 of the Criminal Law of the People's Republic of China: Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods or services, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year in the third bureau and shall also be sentenced to filial piety or a fine; where the circumstances are especially serious, the sentence is to be between three and ten years imprisonment and a concurrent fine. <>

Legal Analysis Xiang Tan Sock:

Legal basis: Criminal Law of the People's Republic of China Article 213 Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods or services, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined with caution or a fine; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

1) The glyphs, pronunciation, meaning, or composition and color of the characters or the composition and color of the characters, or the overall structure of the combination of its elements;

3) Other criteria for determining similarity of trademark infringement.

1. Trademark registration process and fees.

1) Before registering a trademark, you need to conduct a trademark search to ensure that the trademark you want to register is unregistered, and if it has been registered, you can only change your trademark. The registrant can entrust the **company to submit an application for inquiry through the official website of the Trademark Office**, or to the Tongda Service Center under the Trademark Office, to check whether the trademark applied for this time is the same or similar to the trademark that has been applied for or registered earlier.

2) There are two ways to register a trademark, one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; Another way to register is to entrust the services of an experienced trademark organization.

3) Fill in the Application for Trademark Registration and submit the application to the State Trademark Office in accordance with the registration method determined by yourself.

4) After accepting the application, the State Trademark Office will issue a Notice of Acceptance of Trademark Registration to the applicant. If the examination of the trademark application fails, the State Trademark Office will issue a Notice of Rejection to the applicant for trademark registration and inform the applicant of the detailed reasons for rejection.

5) If the review is successful, the registered trademark will be officially announced on the China Trademark Network, and after the expiration of the public period of 3 months, there will be no objection, and the State Trademark Office will issue the Notice of Obtaining the Trademark Registration Certificate.

6) Obtain the "Trademark Registration Certificate": If it is through the ** organization, the ** person will send the "Trademark Registration Certificate" to the registrant; If the registration is handled directly, the registrant shall collect the certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and shall also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card and a copy of the certificate holder, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice of obtaining the trademark registration certificate, and the change certificate issued by the industrial and commercial department if the name of the trademark registrant is changed.

7) In terms of fees, for trademark registration business, the State Trademark Office charges a fee of 600 yuan, entrusting a company to handle trademark business, in addition to paying fees, it is also necessary to pay a fee of about 800 to 1000, depending on the company's professionalism and service level.

2. How much can a trademark be sold for?

It is the value of the trademark itself that determines the trademark itself, so there is no definite value, most of the ordinary trademarks range from thousands to tens of thousands, and good trademarks can even reach hundreds of thousands of millions.

If it is handled by a trademark agency, the applicant shall pay the transfer fee and the transfer fee to the trademark agency, and the transfer fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.

Copy the art after the trademark application.

Necessity of BAI copyright application:

1. The copyrights of commercial trademarks and works of art do not belong to the same censorship body.

At present, trademarks and copyrights belong to two examination bodies and examination databases, that is, when you register a trademark, the trademark examiner will not go to the system database of the Copyright Office to check whether there is a prior identical or similar copyright that has been applied, and similarly, the Copyright Office will not check whether there is an identical or prior trademark application in the trademark system.

This will inevitably lead to the fact that after you apply for trademark registration for the same trademark logo, it is possible that others will apply for the copyright of your art work and countersue you for infringing the copyright of others' art works, even if you can prove that you are the right holder of the mark and respond to the lawsuit, it will be a laborious and costly thing.

Therefore, in order to avoid such disputes in the future, the easiest way is to deploy the move of intellectual property protection in advance and apply for copyright registration of art works at the lowest cost.

2. The scope of copyright protection for art works is broader.

The scope of trademark protection is territorial, that is, the trademark applied for in China can only be protected in China, and cannot be protected across regions. After the copyright is registered, it can be protected on a global scale, across industries and fields, which is equivalent to the protection of all 45 categories of trademarks.

3. The validity period of copyright protection for art works is longer.

Hello bai, I think still.

It is very necessary, and it is best to apply for copyright protection, daoThe cost of protecting a trademark in general, back to the protection of a figurative trademark, AThere is an option to register on as many categories as you want, but the more categories you enroll, the higher the cost. The official fee for copyright registration is only 300 yuan.

Hello, bai I think it is necessary to protect the original creation of the trademark, you can zhi through copyright registration.

DAO way to protect the originality of the trademark monopoly, will.

It is a trademark and a graphic to do copyright registration, but if you only have a word trademark to go for copyright registration, it will not be approved, so this method is limited to the trademark with a sample of graphics.

Because the trademark needs to be protected by law after registration, but only in the registered class is protected, but if you don't want others to register the trademark, you can only register it in other classes first, then, the cost also increases, and the trademark office charges 300 yuan for each registered category, which means that the more trademark classes you register, the higher the cost.

Not necessarily. Because once a flag source is registered.

If the trademark is authorized, it naturally has the protection of the trademark right, and without the permission of the trademark registrant, no other person or any company may use the trademark for commercial activities without authorization. The protection of originality is the registration of copyright, in fact, when a trademark is designed, it naturally has copyright without going through an application. However, trademark registration takes a long time and the risk of failure is also high, so if you want your trademark to obtain legal protection in advance, then it is recommended to register the copyright, which will not take much time and effort anyway.

Although copyright and trademark rights are both intangible intellectual property rights, the strength, direction, level and scope of protection are different.

The original reinstatement of a trademark is an assumption, and not all trademarks can apply for copyright protection.

The so-called DU trademark originality protection is actually a kind of DAO copyright protection, and the content protected only refers to the original design of the logo.

If the text content is not protected by originality, it is not protected when combined.

Don't listen to their fools.

Hello there.

Are you talking about whether bai is a copyright issue? du

It is not necessary to register the copyright after the trademark is registered.

DAO Notes. A trademark can be a word, a pattern, a sound, or a combination of other rights. After the trademark is registered, it can only be used in the trademark category, that is, the trademark can only be used on food after registration, and the trademark can only be used on electrical appliances after registering the electrical category.

Copyright is copyright, and after the creation of a work is completed, the author owns the copyright of the work, and it has not been registered as a requirement. In our case, copyright registration is only used to determine the ownership of the work, which is conducive to the use of evidence in the event of a copyright dispute in the future.

Therefore, the trademark to apply for copyright is generally for pattern trademarks or sound trademarks, and the pattern and sound trademarks have strong originality, otherwise, there is no need to re-apply for copyright.