What are the signs that cannot be registered as trademarks
1. The Trademark Law stipulates that the following signs cannot be used as trademarks:
(1) Identical or similar to the country name, national flag, national emblem, military flag or medal of the People's Republic of China, as well as the name or symbol of a specific place where the central state agency is located The names and graphics of sexual buildings are the same;
(2) The names, national flags, national emblems, and military flags of foreign countries are the same or similar, but the government of that country agrees Except for;
(3) Identical or similar to the name, flag, or emblem 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) is exaggerated and deceptive;
">(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.
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. Saveprotect. A 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 marks are controlled by an organization that has the ability to supervise certain goods or services, and are used by units or individuals other than the organization on their goods or services. Services are signs used to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
2. 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 indicating the quality and main raw materials of the product , function, purpose, weight, quantity and other characteristics;
(3) Lack of distinctive features.
3. It is prohibited to copy, imitate or translate other people’s well-known trademarks that have not been registered in China:
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 its use will be prohibited. If 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 possible damage to the interests of the registrant of the well-known trademark, registration will not be granted and use will be prohibited.
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