What should you pay attention to when using trademarks
1. It is stipulated that the following signs shall not be used as:
(1) The same as the country name, national flag or national emblem of the People's Republic of China , military flags and medals that 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;
(II ) is the same as 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;
p>(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 name or symbol as "Red Cross" or "Red Crescent";
(6) Ethnically discriminatory;
(7) Exaggerated and deceptive propaganda;
;">(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 used as collective trademarks or components; 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 trademarks, collective trademarks, and certification marks; everyone has the exclusive right to trademark and is 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 marks 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 for their goods or services to certify The origin, raw materials, manufacturing methods, quality or other specific quality signs of the goods or services.
2. However, if the following signs have not been Those that have acquired distinctive features through use and are easy to identify shall not be registered as trademarks:
(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.
3. Copying, imitating or translating others not in China Prohibited use of registration:
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. If it is likely to cause confusion, it will not be registered and its use is prohibited.
A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a trademark already used by others. If a well-known trademark registered in China misleads the public and may cause harm to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
The above is the Hua Law The editor has compiled relevant knowledge for you on the issue of "what to pay attention to when using trademarks". This website provides you with professional lawyer consultation. If you have any questions, welcome to the Legal Savior Network for consultation.
