Natural persons, legal persons or other organizations in its production, manufacturing, processing, sorting or distribution of goods or to provide services, to obtain trademark rights, should apply to the Trademark Office trademark registration. Then what are the conditions for trademark formation?
1., the necessary conditions of trademark
The essential elements of a trademark include two items: first, they should have statutory elements. Can be any natural person, legal person or other organization goods and others goods to distinguish the visual sign, including text, graphics, letters, numerals, three-dimensional symbol and color combination, or any combination of the above, you can apply for registration as a trademark. Visual perception of the sound, smell and other trademarks can not be registered in our country; second, trademarks should have significant features. Significant features of the trademark can be obtained through two ways: one is a sign of significant features inherent, such as novel, the unique design of the trademark; two is obtained through the use of significant features, such as direct narrative signs and other characteristics of the goods quality after use to achieve significant features, and easy to identify, can be used as "the second meaning of" trademark registration.
2. prohibited conditions of trademark
The prohibitive condition of trademark, also called negative element of trademark, means that the mark of registered trademark should not have.
(1) not to infringe upon the prior rights or lawful interests of others. The main contents are: not in the same or similar goods or registered for the trademark is identical or similar; apply for registration of the same or similar commodity trademark is well-known copy, imitation or translation of another person in the China registered trademarks, is likely to cause confusion, shall not be registered and shall be prohibited from use; not the same or not. Similar goods trademark application for registration is the copy, imitation or translation of another person has been in the China registered trademarks, misleading the public, resulting in the well-known registered trademark interests may be damaged, shall not be registered and shall be prohibited from use; without authorization, an agent or representative in its own name will be the agent or representative of trademark registered agent or representative, is being challenged, shall not be registered and shall be prohibited from use; not by unfair means to register others By the use of the trademark and has certain influence; shall not infringe other prior rights, such as the special logo design patent right, copyright, right of name and portrait, name right, right, the exclusive right of the Olympic symbols, well-known commodity specific name, packaging and decoration of the exclusive right to use etc..
(2) the provisions on the registration or use of certain marks shall not be prohibited in violation of the trademark law. Article tenth, twelfth and sixteenth of the trademark law mainly provide the following two aspects:
First, as a registered trademark or forbidden to use the logo: with People's Republic of China's national name, national flag, national emblem, flag, insignia or similar name, name, or landmark buildings as well as the central state organs and the specific location of the same graphics; with a foreign country name, national flag, national emblem and flag or the same approximate, but the government except with the consent of the same or similar; intergovernmental organizations flags, emblems or names, but with the consent of that organization or those unlikely to mislead the public; and that control and guarantee the official signs and hallmarks of identical or similar, except with authorization; with the "Red Cross", "Crescent" logo, name or similar; with national discrimination; exaggerated publicity and deceptive and harmful; To socialist morality, or other adverse effects; geographical names of administrative divisions above the county level or known to the public, but the names have other meanings or as a collective or certification trademark part except registerded trademarks remain valid; trademarks have geographical indication of the goods, and the goods are not derived from the sign marked area, to mislead the public, shall not be registered and shall be prohibited from use; however, has been registered in good faith shall remain valid.
Second, prohibit registered as a trademark but can be regarded as a sign of unregistered trademarks or other signs of use: only the generic name of the goods, designs and models; only directly indicates the quality of the products, the main raw materials, function, use, weight, quantity and other characteristics of the lack of significant features. The foregoing flag may be used as a trademark registration after its use has made remarkable features and is easy to identify. Where a registered trademark is registered with a three-dimensional mark, the shape of the product itself, the shape of the goods needed for the acquisition of the technical effect, or the shape of the goods having substantial value may not be registered.
The standard value is the comprehensive strength of the enterprise. The ultimate responsibility for the quality of the goods is the enterprise, and the enterprise is also the ultimate beneficiary of the value of the brand. Smart entrepreneurs in the consumer goods, trademarks, while never forgetting to introduce their own enterprises, publicity merchandise production process. Typical advertisements are good cows and good milk. In developing the international market, entrepreneurs always associate enterprises, commodities and trademarks, and recommend them to foreign consumers. The trademark in the modern enterprise management belongs to the category of business planning, but the enterprise production equipment, production technology, production management, quality control, production environment, production conditions, product design, development, composition, formulation, the source of raw materials, commodity circulation channels, customer service service, the quality of employees, the level of managers, target location decision-making, control ability of management, determines the quality of the goods and quality, so as to determine the