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The following signs shall not be used as trademarks: (1) the same or similar to the national name, national flag, national symbol, military flag, and medal of the People's Republic of China, and the same 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 for the consent of the country.
3) Except where the name, flag, or sign of the international organization is the same or similar, but with the consent of the organization or is not easy to mislead the public. (4) It is the same or similar to the official mark or inspection mark indicating the exercise of control or guarantee, except for those authorized to do so. (5) Same as "Red Cross.""、"Red Crescent"The name or logo is the same or similar.
6) Ethnically discriminatory. (7) Exaggerated and deceptive. (8) It is harmful to socialist morality or has other negative influences.
9) 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, this does not apply to geographical names that have other meanings or are part of collective marks or certification marks.
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If you are referring to a trademark, please refer to Article 8 of the Trademark Law
Trademarks are not allowed to 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.
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Legal Analysis: Prohibition signs are used to warn people not to approach hazards, to indicate the place of work to be prepared for workers, to remind them to take safety measures, and to prohibit the closing and energizing of a certain equipment or section of the line. It can be divided into warning, allow, prompt and prohibitive.
Legal basis: Interim Provisions on the Investigation and Management of Hidden Dangers of Work Safety Accidents
Article 14 production and business operation entities shall, quarterly, annually, conduct statistical analysis of the investigation and management of potential accidents in their own units, and submit written statistical analysis forms to the safety supervision and supervision departments and relevant departments before the 15th of the next quarter and January 31 of the next year. The statistical analysis form shall be signed by the main person in charge of the production and business operation entity.
For major accidents, production and business operation entities in addition to the provisions of the preceding paragraph, shall be reported to the safety supervision and supervision departments and relevant departments in a timely manner. The content of the report on the potential danger of major accidents shall include:
1) The current situation of hidden dangers and their causes;
2) Analysis of the degree of harm of hidden dangers and the difficulty of rectification;
3) The management plan of hidden dangers.
Article 15 For general accident hazards, the person in charge of the production and business operation unit (workshop, branch, district team, etc.) or relevant personnel shall immediately organize rectification.
1. Objectives and tasks of treatment;
2) methods and measures taken;
3) the implementation of funds and materials;
4) Institutions and personnel responsible for governance;
5) Time limits and requirements for governance;
6) Security measures and emergency plans.
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The hallmarks of the law include the following six articles:
1. The normative nature of the law.
2. The state volitional nature of the law.
3. The law is mandatory in the state.
4. The universality of the law.
5. The procedural nature of the law.
6. Justiciability of law.
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1. The normativity of the law 2, the national will of the law 3, the national compulsion of the law 4, the universality of the law 5, the procedural nature of the law 6, and the justiciability of the law.
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Laws: 1, enacted and approved by the state.
2. The implementation is guaranteed by the coercive power of the state.
3. It is universally binding on all members of society.
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Legal Insight Analysis:
National symbols, also known as national symbols, refer to symbols and symbols that are generally prescribed by the Constitution and laws and represent the sovereignty, independence and dignity of a country. The national symbols of the People's Republic of China mainly include the national flag, national emblem, national anthem, capital and national day.
Legal basis: Constitution of the People's Republic of China
Article 141: The national flag of the People's Republic of China is a five-star red flag.
The national anthem of the People's Republic of China is the March of the Volunteers.
Article 142 The National Emblem of the People's Republic of China has in the center the Celestial God Tangerine Gate illuminated by five stars, surrounded by ears of grain and gears.
Article 143: The capital of the People's Republic of China is Beijing.
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Legal analysis: China's national symbols mainly include the national flag, national emblem, and national anthem.
Legal basis: Constitution of the People's Republic of China
Article 136 The national flag of the People's Republic of China is a five-star red flag. The national anthem of the People's Republic of China is "March of the Brave Army next to Yiqin".
Article 137 The National Emblem of the People's Republic of China has Tiananmen Square illuminated by five stars in the center, surrounded by ears of grain and gears.
Article 138 The capital of the People's Republic of China is Beijing.
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Summary. 3) Ensure the quality of the function of the product producer through the trademark to indicate the goods provided by themselves, the service provider through the trademark to indicate a service provided for themselves, consumers also through the trademark to identify the goods or services, the quality of the identification, this identification is related to the rise and fall of the producer and operator, can promote the production and operation to pay attention to quality, maintain the stability of quality. (4) The function of advertisingModern commercial propaganda is often centered on trademarks, through which commodity information is released, products are promoted, highlighted and eye-catching, concise and easy to remember, attract consumers' attention, and deepen the impression of goods.
Hello, I am a cooperative lawyer who consulted, I have received your question, and the current consultation person is more than Haha Please wait for 2 minutes, I am helping you solve the problem.
The legal function of the label is (1) the function of identifying the goods ** or the trademark is identifiable, which is the basic and primary function of the trademark, and the trademark is produced because it is necessary to identify the goods **, so it can become a trademark only if it has this function. (2) Promote the function of sales of the producer and operator use the trademark to indicate the goods, consumers through the trademark to distinguish similar goods, understand the goods, make a choice, in this way, the trademark has become an important tool to open up the market and compete in the market.
3) The functional producer to ensure the quality of the goods through the trademark indicates that the goods are provided for themselves, the service provider represents the service provided by themselves through the trademark, and the consumers also identify the goods or services through the trademark to identify the quality of the goods. (4) The function of advertisingModern commercial propaganda is often centered on trademarks, through which commodity information is released, products are promoted, highlighted and eye-catching, concise and easy to remember, attract consumers' attention, and deepen the impression of goods.
5) The functional trademark of the commercial reputation of the tree is used to display the goods, ensure the quality of the goods, and carry out the advertising of the goods, as an effective means to open up the market, which shows that the trademark condenses the reputation of the producers and operators of the goods marked by it and the empty goods, and the trademark is the best mark of the reputation of the goods and the corporate reputation related to it.
That's basically what the sign does, kissing.
Carry forward the silver hail of social justice, highlight the value of legal Zen, and maintain personal dignity, I am very happy to serve you, and if you have any questions, please come to the platform for consultation I wish you all the best! Have fun! He Bo accompanyed.
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Legal analysis: national flag, national anthem, national emblem, capital.
Legal basis: Constitutional Law of the People's Republic of China
Article 141: The national flag of the People's Republic of China is a five-star red flag.
The national anthem of the People's Republic of China is the March of the Volunteers.
Article 142 The National Emblem of the People's Republic of China has Tiananmen Square in the center illuminated by five stars, surrounded by ears of grain and cogs.
Article 143: The capital of the People's Republic of China is Beijing.
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