What can t be trademarked?

A: Graphics, words, letters, numbers, three-dimensional signs and color combinations can be applied for registration as trademarks.

What can't be trademarked?

A: According to Article 10 of the Trademark Law, the following signs shall not be used as trademarks:

1) It is the same or similar to the national name, national flag, national emblem, military flag, or medal of the People's Republic of China.

2) It is the same or similar to the national name, national flag, national emblem, or military flag of a foreign country.

3) The names, flags, or emblems of international organizations are identical or similar to those of the same organization.

4) Identical or similar to the official emblem or inspection mark indicating the exercise of control or assurance, 5) Identical or similar to the name or emblem of the "Red Cross" or "Red Crescent".

Hello, the following words or graphics cannot be registered as trademarks:

1) It is the same or similar to the national name, national flag, national emblem, military flag, or medal of the People's Republic of China, as well as the name of a specific place where a state organ is located, or the name or graphic of a landmark building;

2) It is the same or similar to the national name, national flag, national emblem, or military flag of a foreign country, except where the country agrees;

3) The name, flag, or emblem of the same international organization is the same or similar, except with the consent of the organization or where it is not easy to mislead the public;

4) It is identical to or similar to the official mark or inspection mark indicating the exercise of control or guarantee, except where it is authorized;

5) Identical or similar to the name or emblem of the "Red Cross" or "Red Crescent";

6) Ethnically discriminatory;

7) exaggerated and deceptive;

8) It is harmful to socialist morality or has other negative influences. The place name of the administrative division at or above the county level or the foreign place name known to the public shall not be used as a trademark. However, the geographical name has other meanings or is an integral part of a collective mark or certification mark; Trademarks that have been registered for the use of geographical names continue to be valid.

If it has acquired distinctive features and is easy to identify without use, it shall not be registered as a trademark

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

3) Lack of distinctive features. Prohibition of Copying, Imitating or Translating a Well-known Trademark of Another Person Not Registered in China: If a trademark applied for registration for the same or similar goods is a copying, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If a trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

According to Article 11 of the Trademark Law of the People's Republic of China, the following trademarks shall not be registered as trademarks:

1. Only the general name, graphic and model of the commodity;

2. Directly indicate the quality of the goods, the main raw materials with base materials, functions, uses, weight, quantity and other characteristics;

3. Lack of distinctive and special lead rot symptoms. Where the trademarks listed in the preceding paragraph have distinctive features and are easily identifiable after use, they may be registered as trademarks.

In addition, in accordance with the provisions of Article 12 of this Law, the shape of a trademark applied for registration with a three-dimensional sign can only be generated by the nature of the goods themselves, the shape of the goods necessary to obtain technical effects, or the shape of the goods that make the goods have substantial value.

The following trademarks cannot be registered:

1. It conflicts with the prior legal rights of others;

2. Only the generic name, graphics, and model of the product, or only directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product;

3. Other trademarks that cannot be registered.

[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 his 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 to be applied for registration shall have distinctive features, 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 11. The following signs may not be registered as trademarks:

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the commodity;

3) Other lack of distinctive features.

Where the signs listed in the preceding paragraph have acquired distinctive features and are easily identifiable through the use of Zen, they may be registered as trademarks.

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

3) Other lack of distinctive features.

Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

The following marks may not be used as trademarks:

1) It is the same or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc., of the People's Republic of China, as well as the name or symbol of a state organ, the name of a specific place where it is located, or the name or graphic of a landmark building;

2) It is the same or similar to the national name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of that country**;

3) The name, flag, emblem, and so forth of the same international organization are the same or similar, except where with the consent of the organization or where it is not easy to mislead the public;

4) It is identical to or similar to the official mark or inspection mark indicating the exercise of control or guarantee, except where it is authorized;

5) Identical or similar to the name or emblem of the "Red Cross" or "Red Crescent";

6) Ethnically discriminatory;

7) It is deceptive and easy to mislead the public about the quality and other characteristics of the commodity or the place of origin;

8) It is harmful to socialist morality or has other negative influences.

Legal basis: Trademark Law of the People's Republic of China

Article 11 The following signs shall not be registered as trademarks:

1) There is only the generic name, graphic and model of the commodity;

2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity;

3) Other lack of distinctive features.

Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

Article 12 Where an application for registration of a trademark is made with a three-dimensional sign, the shape of the goods that is only produced by the nature of the goods themselves, the shape of the goods that are necessary to obtain technical effects, or the shapes that make the goods have substantial value shall not be registered.

If the trademark applied for registration for the same or similar goods is a reproduction, imitation or translation of a well-known trademark of another person that has not been annotated in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If the trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, the trademark shall not be registered and its use shall be prohibited.