Can copyright revoke a trademark?
Copyright cannot revoke a trademark.
Relevant legal provisions "Trademark Law of the People's Republic of China"
Article 33 For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior rights owner or interested parties believe that it violates paragraphs 2 and 3 of Article 13, Article 15, and Article 16 of this Law. Paragraph 1, Article 30, Article 31, and Article 32, or if anyone believes that the provisions of Articles 10, 11, and 12 of this Law have been violated, he may file a complaint with the Trademark Office objection. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
Article 10 The following signs shall not be used as trademarks:
(1) Same as the People's Republic of China The name, national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. of the Republic are the same or similar, and are the same as the name, logo of the central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building
(2) Identical or similar to the country name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;
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(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;
(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
(5) The same or similar names or symbols as "Red Cross" or "Red Crescent";
(6 ) is ethnically discriminatory;
(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its origin;
(8) Harmful to socialist morals or have other adverse effects.
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 this product;
(2) only directly indicates the quality, main raw materials, functions, uses, weight, quantity, and others of the product Characteristic;
(3) Other things that lack distinctive characteristics.
If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.
Article 12 When applying for a registered trademark with a three-dimensional mark, the shape is only caused by the nature of the goods themselves, the shape of the goods required to obtain technical effects, or Shapes that impart substantial value to the goods shall not be registered.
Article 13: If the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, he may apply for well-known trademark protection in accordance with the provisions of this Law.
If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, and is likely to cause confusion, it will not be registered and Use prohibited.
A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public, and causing the well-known If the interests of the trademark registrant may be harmed, the trademark shall not be registered and its use shall be prohibited.
Article 15 If the agent or representative registers the trademark of the principal or represented person in his own name without authorization, the principal shall Or if the represented person raises objections, registration will not be granted and use will be prohibited.
The trademark applied for registration for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has contracts or business dealings with the other person other than those specified in the preceding paragraph. If the trademark of another person is clearly known to exist due to a relationship or other relationship and the other person raises an objection, the trademark shall not be registered.Article 16 If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark and misleads the public, it shall not be registered and shall not be registered. Use is prohibited; however, registration that has been obtained in good faith will continue to be valid.
A sign determined by natural factors or human factors.
Article 30: Any trademark applied for registration that does not comply with the relevant provisions of this Law or has been registered or preliminarily approved with others for the same or similar goods If the trademarks are identical or similar, the Trademark Office will reject the application and will not publish it.
Article 31 Two or more trademark registration applicants apply for the same or similar trademarks on the same goods or similar goods. If it is registered, the trademark that was applied for first will be preliminarily reviewed and announced; if it is applied for on the same day, the trademark that was first used will be preliminarily reviewed and announced, and applications from others will be rejected and will not be announced.
Article 32: Application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register others that have already used it and have certain influence by unfair means. 's trademark.
After reading the content of this article, everyone should be clear about this issue. This is also an issue we need to clarify in practice before we know that copyright can be revoked. Trademark, but it needs to be carried out in accordance with relevant regulations so as to comply with the legal process. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
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