In addition, the smell, sound, etc. of the product cannot currently be used in our country.
The text that constitutes the trademark can be Chinese characters (simplified or traditional Chinese characters, variant Chinese characters cannot be used), Chinese pinyin, ethnic minority characters, English and other countries’ characters. Or letters, numbers, different words can be used in combination.
As the graphics that make up a trademark, there is unlimited room for change. However, after applying for registration, any figure that constitutes a trademark will be classified into 29 categories, 114 subcategories and 1569 groups in accordance with the requirements of the International Classification of Pictorial Elements of Trademarks attached to the Vienna Agreement on the Establishment of an International Classification of Pictorial Elements of Trademarks. The divisions are classified accordingly.
The letters that constitute a trademark refer to the smallest writing unit of pinyin characters or phonetic symbols, including pinyin characters, foreign letters such as English letters, Latin letters, etc. The original Trademark Law classified trademarks consisting only of letters into the category of word trademarks. However, the newly revised Trademark Law in 2001 regarded letters as one of the constituent elements of a trademark. This provision is more realistic and convenient for trademark supervisors. The department will review and approve the application in accordance with the law.
Numbers as elements are also new provisions of the 2001 new Trademark Law. The numbers constituting the trademark can be either Arabic numerals or Chinese uppercase numerals.
As a three-dimensional mark that constitutes a trademark, it can also be called a three-dimensional mark. It is a three-dimensional mark with three dimensions: length, width and height. A trademark mark composed of a three-dimensional mark is called a three-dimensional mark. It is different from the trademark pattern that we usually see on a flat surface. Instead, it appears in a three-dimensional material form. This form may appear on the appearance of the product. It can also be displayed on the container or other places of the product. Adding regulations for the registration and protection of three-dimensional trademarks is a new content added to the newly revised Trademark Law in 2001, which will make our country's system more perfect.
ColorCombination alone as a trademark element is also a newly added content in the new Trademark Law. Unique and novel color combinations can not only give people a sense of beauty, but also have distinctiveness, can play a role in indicating products or sources, and can also play a role in distinguishing producers, operators or service providers.
The above-mentioned six types of trademark elements can be registered as trademarks alone, or any combination of two or more of the above-mentioned elements, which are the same or different, can be registered as a trademark. , but must comply with the relevant provisions of Articles 8 and 9 of the Trademark Law.
As the color of the words, graphics, letters, numbers, three-dimensional signs or combinations thereof that constitute a trademark, if no specific color requirements are explicitly stated when applying for a registered trademark, all Register by black and white color, also protect by black and white color. If a designated color or color combination is clearly stated, the registration will be based on the designated color or color combination, and the designated color or color combination will also be protected.
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