Invalidation of registered trademarks
1. The trademark contains signs or shapes that cannot be used as trademarks. Specifically, it includes the following three situations:
First, the use of trademarks prohibited from use in Article 10 of this Law. In accordance with the provisions of Article 10 of this Law, the following signs shall not be used as trademarks:
(1) The same as the country name, national flag, national emblem, national anthem, and military flag of the People's Republic of China , military emblems, military anthems, medals, etc. that are identical or similar, as well as those that are identical to 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) 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;
(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) Same as the "Red Cross" , the name and logo of "Red Crescent" are the same or similar;
(6) are 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. At the same time, 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, place names with other meanings or as part of collective trademarks or certification marks shall not be used as trademarks; registered trademarks using place names shall continue to be valid.
Second, use of trademarks prohibited as trademark registration marks in Article 11 of this Law. According to the provisions of Article 11 of this Law, the following signs shall not be registered as trademarks:
(1) Only the common name, graphics and model of the product;
(2) Only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Others lacking distinctive features. However, if the marks listed in the above three categories have acquired distinctive features through use and are easy to identify, they can be registered as trademarks.
Third, use trademarks with shapes prohibited from registration in Article 12 of this Law. According to the provisions of Article 12 of this Law, when applying for a registered trademark with a three-dimensional mark, a shape that is solely caused by the nature of the goods themselves, a shape of the goods that is necessary to obtain technical effects, or a shape that makes the goods of substantial value shall not be registered. .
2. Obtaining trademark registration by deception or other unfair means. Specifically, there are two situations.
First, obtaining trademark registration by deceptive means. The so-called deceptive means means that the applicant obtains trademark registration by fabricating, concealing the truth, or forging application forms and related documents.
Second, obtaining trademark registration through other unfair means. The so-called "other unfair means" means that the applicant uses other unfair means other than deception, such as giving benefits to the person in charge to obtain trademark registration.
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