Can place names be used as trademarks
1. Place names cannot be used as trademarks
Article 10 of the "Trademark Law" stipulates that 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.
2. Can ancient or historical place names be used as trademarks?
"Trademark Examination Standards" 》stipulates:
1. Administrative divisions at or above the county level include counties, autonomous counties, county-level cities, and municipal districts at the county level; prefecture-level cities, autonomous prefectures, Regions, alliances; provincial-level provinces, municipalities, and autonomous regions; the two special administrative regions, namely Hong Kong and Macau; Taiwan;
2. Administrative divisions at or above the county level Place names are based on the "Administrative Division Brochure of the People's Republic of China" edited and published by the Ministry of Civil Affairs;
3. Place names of administrative divisions at or above the county level include full names, abbreviations, and The pinyin form of provinces, autonomous regions, municipalities directly under the Central Government, provincial capital cities, cities under separate state planning, and famous tourist cities at or above the county level;
4. Foreign place names known to the public, It refers to the place names of other countries and regions outside of China that are known to the public in China. Place names include full name, abbreviation, foreign name and common Chinese translation.
It can be seen from this that the law does not stipulate that ancient Or historical place names cannot be used for trademark use.
The absolute best in trademark registrationProhibited Conditions
The absolute condition for trademark registration is that the mark applied for trademark registration must comply with the provisions of trademark laws, otherwise no matter who applies for a trademark Registration will not be approved. Absolute conditions are matters that the Trademark Office can review in accordance with its authority. It only considers whether the mark itself for which a registered trademark is applied for can be used or registered as a trademark, and does not consider the impact of trademark use or registration on the rights and interests of others.
The absolute conditions are divided into conditions prohibiting use as a trademark, that is, prohibited conditions, and conditions prohibiting registration as a trademark, namely prohibited registration conditions.
(1) Prohibited conditions
Prohibited conditions refer to the signs applying for registered trademarks It itself cannot be used as a trademark in accordance with the provisions of the Trademark Law, and of course it cannot be registered as a trademark. It is mainly reflected in:
1. Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China The same as the name or logo of a central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building;
2. Same as a foreign country The name, national flag, national emblem, military flag, etc. of the country are the same or similar, except with the consent of the government of that country;
3. The same name as the name of an intergovernmental international organization , flags, emblems, etc. are the same or similar, except with the consent of the organization or if it is not likely to mislead the public;
4. With the official statement that controls and guarantees The signs and inspection marks are the same or similar, except those authorized;
5. The names and signs are the same as the "Red Cross" and "Red Crescent" Or similar;
6. With ethnic discrimination;
7. With It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its place of origin;
8. It is harmful to socialist morals or has other adverse effects. ;
(2), prohibition conditions
The prohibition condition means that the mark itself for which a trademark is applied for registration cannot in principle be registered as a trademark in accordance with the provisions of the Trademark Law, but it does not restrict its use as a trademark if it is used to enable consumers to use it as a trademark. , and can distinguish different sources, can be registered as a trademark. It is mainly reflected in the following aspects:
1. Place names of administrative divisions at or above the county level or public knowledge Foreign place names shall not be used as trademarks. However, except for place names with other meanings or as components of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
2. Only the general name, graphics, and model of the product.
3. Only the quality, main raw materials, functions, and uses of the product are directly expressed. , weight, quantity and other characteristics.
4. Other lack of distinctive characteristics.
5. When applying for a registered trademark with a three-dimensional mark, the shape that is solely caused by the nature of the product itself, the shape of the product that is necessary to obtain technical effects, or the shape that makes the product of substantial value shall not be registered.
The above knowledge is the editor’s answer to the question “Can place names be used as trademarks?” According to the provisions of China’s Trademark Law, place names cannot be used as trademarks. Zoned place names or foreign place names known to the public are prohibited conditions for trademarks. If readers need legal help, they are welcome to go to the Legal Savior website for legal consultation.
