What are the legal provisions for the use of trademarks
1. The Trademark Law stipulates that the following signs shall not be used as trademarks:
(1) The same country name as the People’s Republic of China, The national flag, national emblem, military flag, and medals are the same or similar, as well as the names of specific places where central state agencies are located or the names and graphics of landmark buildings;
(2) Identical or similar to the name, national flag, national emblem, or military flag of a foreign country, except with the consent of the government of that country ;
(3) With intergovernmental international organizations The names, flags and emblems are the same or similar, 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 name or symbol as "Red Cross" or "Red Crescent";
(6) Ethnically discriminatory ;
(7) Exaggerated propaganda and deception Sexual;
(8) Harmful to socialism Moral trends or other adverse effects.
County Place names of administrative divisions above level 1 or foreign place names known to the public may not be used as trademarks. However, place names with other meanings or as components of collective trademarks or certification marks are excluded; registered trademarks using place names will continue to be valid.
Trademarks approved and registered by the Trademark Office are registered trademarks, including product trademarks, Service marks, collective marks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.
Collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
Certification trademarks are controlled by an organization with the ability to supervise certain goods or services and are used by units or individuals other than the organization on their goods or services to certify the origin of the goods or services. Origin, raw materials, manufacturing methods, quality or other signs of specific quality.
However, the following signs shall not be registered as trademarks if they have not been used to obtain distinctive features and are easily identifiable:
(1) Only the common name, graphics, and model of the product;
(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Lack of distinctive features.
Copying, imitating or translating others’ well-known trademarks that have not been registered in China is prohibited. Use:
Applying for registration of the same or similar goods If a trademark 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 is prohibited from use.
The 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, if it misleads the public and causes the interests of the registrant of the well-known trademark to be harmed, it shall not be registered and its use shall be prohibited.
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