The two application conditions of trademark include:
First, the trademark must have the components as provided in the legislation. Any visual sign, including word, diagram, alphabet, number, 3D sign and combination of colours, that can distinguish between the goods of any natural person, legal person or other organization and the goods of the others constitutes a registrable trademark. However, one should note that smell cannot be registered as trademark in this country.
Second, the trademark must have a distinctive character. It may be obtained through two ways: one is the existing distinctive character of the trademark, such as trademarks with an inherent innovative idea or design; the other is acquired distinctive character by the evidence of use, for example a descriptive sign which directly describes the quality of the goods may gain a distinctive character by the evidence of actual use, and may qualify as a “secondary meaning” for trademark registration.
Restrictions of trademark:
First, applicants shall not infringe others’ prior right or lawful interests.
Second, applicants shall not violate the terms regarding the prohibition of registration or the use of some signs as provided in the Trademark Law.
First, trademark registrants shall pay attention to the below when using the trademark:
- The scope of usage is limited to the goods or services listed on the Certificate of Registration. If you need to use your trademark on other goods or services, you have to apply for another registration to the Trademark Office.
- The trademark in use must be the same as that registered. You shall not change the colour of the trademark (unless you have registered a black-and-white trademark), the position and combination of different components or the size in proportion of the trademark. Otherwise, such an act may constitute an irregular use of trademark, and it may lead to a cancellation of trademark.
- For any change in the name and correspondence address of the trademark registrant, he/she shall apply for amendment to the Trademark Office in time.
- A trademark registration shall remain valid for a period of ten years from the date of approval for registration. You may apply to renew the registration within twelve months prior to the date of expiration, in order to maintain the validity of the trademark. Where no application for renewal is filed within the six-month period, a grace period of six months is allowed.
- After the approval of registration, the trademark shall be used as soon as possible. Otherwise, any person or organization may request to cancel the trademark due to nonuse for a period greater than three years.
Second, trademark registrants shall pay attention to the below if your trademark is used by others:
- Where a party is licensed to use another party’s registered trademark, the trademark license has to be submitted to the Trademark Office for its records within the time limit. As required by the Trademark Law, the trademark license shall contain a term that the licensee shall be responsible for the quality of the goods on which the trademark is used and the place of origin of the said goods (namely the name and correspondence address of the licensee)
- Where a party assigns a registered trademark to another party, the assignor and assignee shall jointly file an application of trademark assignment with the Trademark Office in time. The assignor and assignee shall also agree upon the issue of the right to use the trademark in the period between the signing of assignment agreement and the approval of assignment by the Trademark Office.
- Trademark is an intangible property capable of being a capital contribution in a corporate.
- Registered trademark may be pledged. The pledger and the pledgee shall sign a written pledge agreement and file an application of pledge registration with the Trademark Office.