Signs that are prohibited from being used when registering a trademark

Updated on Financial 2024-05-23
4 answers
  1. Anonymous users2024-02-11

    According to Article 10 of the Trademark Law of the People's Republic of China, 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, 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.

    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) 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 13 Where a trademark applied for registration for identical or similar goods is a copy, imitation or translation of a well-known trademark not registered in China by another person, 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.

  2. Anonymous users2024-02-10

    Chapter I of the Trademark Law.

    Article 8 Trademarks shall not use the following words and graphics:

    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 flag, emblem, or name of the same international organization is the same or similar;

    4) It is the same or similar to the symbol or name of "Red Cross" or "Red Crescent";

    5) the generic name and graphic of the product;

    6) Directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

    7) Ethnically discriminatory;

    8) exaggerated and deceptive;

    9) 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, except that the place name has other meanings, the registered trademark using the place name shall continue to be valid.

  3. Anonymous users2024-02-09

    It is forbidden to use official logos, inspection marks and authorizations.

  4. Anonymous users2024-02-08

    The following signs are prohibited from being registered as trademarks: the trademark is identical or similar to the name or logo of "Red Cross" and "Red Crescent"; The trademark is ethnically discriminatory and deceptive, and it is easy for the public to misidentify the quality and other characteristics of the goods or the place of origin.

    There is no evidence in the law

    Article 10 of the Trademark Law of the People's Republic of China.

    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 name of the country, the national flag, the national emblem, the 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 goods or the place of origin.

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