Regarding the national trademarks which cannot be registered, nor can they be made

1.Ethnically discriminatory graphics exaggerate propaganda and carry deceptive graphics.

2.Geographical names of administrative divisions at or above the county level or foreign geographical names known to the public (except those with other meanings and registered use) that are harmful to socialist morality or have other adverse effects

3.The same or similar design as the name of the country, the national flag, the national emblem and the military flag of a foreign country is the same as the flag, emblem and emblem of the international organization of the same countryThe design of the same or similar name is the same or similar to the national name, national flag, national emblem, military flag, or medal of the People's Republic of China, and the name or graphic of the specific place where the state organ is located or the name or graphic of the landmark building;

5.Designs that are identical or similar to the emblems or names of the "Red Cross" and "Red Crescent" are identical or similar to the official signs or inspection marks indicating the exercise of control or guarantees.

This tag cannot be registered as follows:1. According to the query Hualu.com, it is the same or similar to the national name, national flag, national emblem, military flag, and medal of the People's Republic of China, as well as the name of a specific place where the state organ is located or the name or graphic of a landmark building.

2. It is the same or similar to the name, national flag, national emblem and military flag of a foreign country, except for the consent of the country.

3. It is harmful to socialist morality or has other unfavorable influences.

In our country, it is the smell of Duan Yipei that cannot get a trademark registration.

Trademark registration is a legal procedure for obtaining the exclusive right to use a trademark. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply for trademark registration. A trademark that has been approved for registration is a registered trademark.

The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. The exclusive right to use a trademark is limited to the trademark that has been approved for registration and the goods or services that have been approved for use. Registered trademarks include commodity trademarks, service trademarks, collective trademarks, and Zhengzhi Weiming trademarks.

Goods that must be registered by laws and administrative regulations must be applied for trademark registration, and those that have not been approved for registration shall not be sold in the market.

Trademark registration is a prerequisite and condition for the trademark user to obtain the exclusive right to use the trademark, and only the trademark that has been approved for registration is protected by law. The principle of trademark registration is the basic criterion for determining the exclusive right to use a trademark, and the choice of different registration principles is the result of the balance between the certainty of law and the fairness of law by legislators in various countries on this issue.

Status of Applications

In the first half of 2019, the number of trademark registration applications in China reached 10,000; 10,000 trademark registrations were completed, an increase year-on-year; The examination period for trademark registration has been shortened to less than five and a half months. With more than 22.74 million valid trademark registrations in China, China ranks first in the world, with an average of one valid trademark per market entity.

Trademark registration refers to the legal fact that the trademark owner applies for registration to the Trademark Office of the State Intellectual Property Office in accordance with the registration conditions, principles and procedures stipulated by the state in order to obtain the exclusive right to use the trademark, and the Trademark Office of the State Intellectual Property Office approves the registration after examination.

What are the circumstances under which a trademark cannot be registered?

Article 44 of the Trademark Law stipulates that if a registered trademark violates the following provisions, the Trademark Office shall declare the registered trademark invalid; Other entities or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

1. Circumstances in which it is not allowed to be used as a trademark:

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 characteristics of the goods such as the quality of lighting and closing or the place of origin;

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.

2. Circumstances that shall not be registered as a trademark:

(1) Only the generic name, graphic and model of this product;

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.

3. Three-dimensional trademarks in the shape of substantial value.

If an application is made for registration of a trademark 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 is necessary to obtain technical effects, or the shapes that make the goods have substantial value, shall not be registered.

4. Supplement: In addition, if the registration is obtained by deception or other improper means, the Trademark Office shall sue the registered trademark for invalidity; Other entities or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

The above content is related, when you register a trademark, if you are told that you can't register, it may be because the graphics of the trademark you use are very similar to the national flag and national emblem of the country, or your own cancellation is a violation of some legal provisions

Summary. Foreign trademarks can be used if they are not registered in China. However, it is not protected, and only the trademark in the place where the application is filed is protected by the country where it is located.

Trademark rights are territorial. Trademark rights obtained in a country under local laws can only be protected within the jurisdiction of that country, and protection in other countries is handled in accordance with international treaties or the principle of reciprocity. Overseas trademarks that have not been registered with the Trademark Office of the State Administration for Industry and Commerce do not enjoy the exclusive right to use registered trademarks and may not use the registered marks; Overseas trademarks that are not registered in China can be used as unregistered trademarks in China, but they must comply with the relevant provisions of the Trademark Law, and if they infringe on the exclusive right to use registered trademarks in China, they must bear relevant legal liabilities in accordance with the provisions of the Trademark Law.

Trademarks that are not registered in China are not protected by China's Trademark Law.

Foreign trademarks, not registered in my country, can I use them.

Foreign trademarks can be used if they are not registered in China. However, it is not protected, and only the trademark in the place where the application is filed is protected by the country in which it is located. Trademark rights are territorial.

Trademark rights obtained in one country under local laws can only be protected in the jurisdiction of that country, and protection in other countries is governed by international treaties or the principle of reciprocity. Overseas trademarks that have not been registered with the Trademark Office of the State Administration for Industry and Commerce do not enjoy the exclusive right to use registered trademarks and may not use the registered marks; Overseas trademarks that are not registered in China can be used as unregistered trademarks in China, but they must comply with the relevant provisions of the Trademark Law, and if they infringe on the exclusive right to use registered trademarks in China, they must bear relevant legal liabilities in accordance with the provisions of the Trademark Law.

Hello, trademarks that are not registered in China are not protected by China's trademark law. Foreign trademarks, not registered in our country, you can use them.

There is a Korean trademark, Senwoo brand name: ader, I have not found it registered in China, that is, can I use it? How should you understand the international treaties or the principle of reciprocity to which you are a party? Thank you.

Hello, the international treaty or the principle of reciprocity is also a burning simple group of oranges, trade name: ader, has not been registered in China, you can use it, but if he is registered in the town in the future, you can not use it.

Hello, but you can change it slightly, and you can also use it when he is registered in China in the future.

Hello, can you add v in private? Consultation is available for a fee.

The slight change you mentioned means that we make a slight change before he is registered in China, and if he succeeds in covering the jujube note in the future, even if we dismantle and change it slightly, isn't it also a similar infringement of the trademark?

Hello, you can use ader China to register, if successful, there will generally be no similar trademark infringement.

This is very difficult to succeed because the previous registration of ader was rejected.

Hello, then you can only use it first. Let's see if he will be registered in China later.

Are the existing registered trademarks adererror and ader similar trademark infringement from the perspective of English letters?

Hello, there are so many differences, and it will definitely not be regarded as trademark similar infringement.

Legal analysis: (1) It is the same or similar to the national name, 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; Wait a minute.

Legal basis: Article 10 of the Trademark Law of the People's Republic of China - The following signs shall not be registered as trademarks: (1) only the generic name, figure and model of the product; 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 sold as trademarks for trademark registration.

The names of Chinese and foreign countries, national flags, national micro-anthems, military flags, military micro-devices, military songs, medals, etc. are the same or similar, **The name of the specific place where the name of the state organ is located or the name of the landmark building, which is discriminatory and deceptive