What are the negative conditions for the use of registered trademarks
The prohibited conditions of a trademark, also known as the negative elements of a trademark, are Refers to situations where the mark of a registered trademark should not be present.
(1) Shall not infringe the prior rights of others or legitimate interests. The main content is: the same or similar goods shall not be identical or similar to the registered or previously applied trademark; the 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, which may easily lead to If the trademark is confusing, 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 a well-known trademark registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be affected. If the trademark is damaged, registration will not be allowed and use is prohibited; without authorization, the agent or representative registers the trademark of the principal or represented person in his own name, and if the principal or represented person raises an objection, the registration will not be allowed. It is prohibited to use it; it is not allowed to preemptively register a trademark that has been used by others and has certain influence by unfair means; it is not allowed to infringe other people's other prior rights, such as design patent rights, copyrights, name rights, portrait rights, trade name rights, and special mark exclusive rights. rights, exclusive rights to the Olympic logo, exclusive rights to famous product names, packaging, decoration, etc.
(2)Not allowedViolate provisions of trademark law prohibiting the registration or use of certain marks. Articles 10, 12 and 16 of the "Trademark Law mainly provide provisions in the following two aspects:
First, signs prohibited from registration or use as trademarks: Same as the People's Republic of China The name, national flag, national emblem, military flag, and military flag of the Republic are the same or similar, and are the same as the name of a specific place where the central state agency is located or the name or figure of a landmark building; the name, national flag, national emblem, or military flag of a foreign country are the same. Identical or similar, except with the consent of the government of the country; Identical or similar to the flag, emblem, or name of an intergovernmental international organization, except with the consent of the organization or it is not likely to mislead the public; Same as or similar to the official government that expresses control and guarantees The signs and inspection marks are the same or similar, except those authorized; the signs and names of the "Red Cross" and "Red Crescent" are the same or similar; are ethnically discriminatory; are exaggerated and deceptive ; Harmful to socialist morals or have other adverse effects; Names of administrative divisions at or above the county level or place names known to the public, except where the place name has other meanings or is part of a collective trademark or certification mark, and has been registered to use place names The trademark shall continue to be valid; if the 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 its use shall be prohibited; however, if the trademark has been registered in good faith, it shall continue to be valid.
Second, registration as a trademark is prohibited but can be Marks used as unregistered trademarks or other marks: ① Only the common name, graphics, and model of the product; only directly indicating the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product; lacking distinctive features . The above-mentioned marks that have acquired distinctive features through use and are easy to identify can be registered as trademarks. ② 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.
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