1. Can geographical names be trademarked?
Geographic names can be registered as trademarks, but geographical indications are used as certification trademarks. , the following contents shall be stated in the application: (1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication; (2) The specific quality, reputation or other characteristics of the goods are consistent with the goods marked by the geographical indication. The relationship between the natural factors and human factors of the area; (3) The scope of the area marked by the geographical indication.
2. Legal basis: "Trademark Law of the People's Republic of China"
Article 22, trademark registration applicants shall follow the prescribed procedures Fill in the product classification table with the product category and product name using the trademark, and submit an application for registration. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages.
Article 23: To register a trademark, you need to obtain the trademark on goods outside the approved scope of use If the company has exclusive rights, a separate registration application should be submitted.
2. Can geographical indications be applied for registered trademarks
Place names or public names of administrative divisions above the county level Known foreign Place names 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.
1. What are administrative divisions above the county level
The so-called administrative divisions above the county level include county-level counties, counties, county-level cities, and municipal districts: prefectures, municipalities, autonomous prefectures, regions, and leagues; provincial-level municipalities directly under the central government, autonomous districts; two The special administrative regions are Hong Kong and Macao. The place names of administrative divisions above the county level are subject to the "Administrative Division Manual of the People's Republic of China" compiled and published by the Ministry of Civil Affairs. The county level is: administrative division place names, including full name, abbreviation and county level The pinyin form of the above provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and famous tourist cities.
2. What are the place names known to the public?
The so-called foreign place names known to the public refer to place names in other countries and regions outside of China that are known to the public in China. Foreign place names include full names, abbreviations, foreign names and common Chinese translations. For example, capitals of various countries, well-known tourist attractions, etc.3. Which place names can be used as trademarks
The following three situations can be used as exceptions for trademarks, and place names can be used to apply for trademarks:
First, place names have other meanings, which means that place names as vocabulary have Determine the meaning and the meaning is stronger than the meaning of the place name, and will not mislead the public. For example, Jinhua ham, Yangcheng Lake crab, etc.; second, the place name is an integral part of the collective trademark and certification mark, such as "Shaxian Snacks" that is well known to the Chinese; third It is a registered trademark using place names and continues to be valid in accordance with the law.I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to Consult professional lawyers on the Legal Savior Network.
