1. Can a domain name be directly applied for a trademark?
1. Current Trademark Law There is no rule stating that a domain name cannot be registered as a trademark. Therefore, as long as the conditions are met, it should be able to be registered as a trademark. However, generally speaking, domain name registration is not as effective as the registration of a specific logo, and it is difficult to have corresponding distinctiveness, unless a certain part of the domain name is very distinctive.
2. Legal provisions: "Trademark Law of the People's Republic of China"
Article 8 Any Marks that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.
Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. The trademark registrant has the right to indicate "registered trademark" or registered mark.
2. Which marks cannot be registered as trademarks
"Trademark Law of the People's Republic of China"
Article 10
The following signs shall not be used as trademarks:
(1) The same as the country name, national flag, national emblem, national anthem, The military flags, military emblems, military songs, medals, etc. are the same or similar, as well as the names and logos of central state agencies, the names of specific places where they are located, or the names and graphics of landmark buildings;
(2) The same country name, national flag,The national emblem, military flag, etc. are identical or similar, except with the consent of the government of the country;
(3) The same name, flag, emblem, etc. of an intergovernmental international organization Identical or similar, except with the consent of the organization or not likely to mislead the public;
(4) With the official mark or inspection mark indicating the implementation of control and guarantee Identical or similar, except with authorization;
(5) Identical or similar to the name or logo of "Red Cross" or "Red Crescent" ;
(6) With ethnic discrimination;
(7) With Deceptive and likely to cause the public to misunderstand the quality and other characteristics of the goods or the place of origin;
(8) Harmful to socialist morals or have other adverse effects of. Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
Article 11
The following signs shall not be registered as trademarks:
(1) Only the common name, graphics and model of the product;(2) Only the direct Indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Other lack of distinctive features.
If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.
In fact, from the above analysis, we can see that domain names and trademarks are two things that, although they are similar in many aspects, are actually different Two things in the field, so under normal circumstances, as long as a very famous and special domain name is not registered as a trademark, it will not be illegal. If there is a domain name dispute, you can contact a lawyer. The Legal Savior Network also provides lawyers online. Consulting services, you are welcome to provide legal consultation.
