1. Which signs cannot be used as trademarks
1. The following signs cannot be used Used as trademarks:
(1) Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China The same as the name or logo of a central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building;
(2) The same The name, national flag, national emblem, military flag, etc. of a foreign country are the same or similar, except with the consent of the government of that country;
(3) Same as an intergovernmental international organization The name, flag, emblem, etc. of the organization are the same or similar, except with the consent of the organization or if it is not likely to mislead the public; The official signs and inspection marks guaranteed are the same or similar, except those authorized;
(5) The same as "Red Cross" or "Red Crescent" Names and signs that are identical or similar;
(6) are ethnically discriminatory;
(7) Deceptive and likely to cause the public to misunderstand the quality and other characteristics of the goods or the place of origin;
(8) Harmful to socialism Morality or other adverse effects.
2. Legal basis: Article 10 of the "Trademark Law of the People's Republic of China"
2. What are the elements of malicious registration of trademarks
"Malicious registration" refers to the act of using unfair means to preemptively register rights such as trademarks, domain names or trade names that have been used by others in this or related fields and have a certain influence for the purpose of profit. Malicious registration The constituent elements of a trademark are:
(1) Subjectively, all parties involved in trademark squatting have bad faith, that is, they know or should know that others have prior creativity, Preemptively apply for registration to the Trademark Office due to the use of the trademark.
(2) The applicant adopted unfair means and failed to submit the application for trademark registration and relevant materials provided. The relevant matters were not truthfully reported in the application, and it is impossible for the Trademark Office of the State Administration for Industry and Commerce to review the authenticity of the application and related materials.
( 3) If the registration is successful, objectively speaking, the object of preemptive registration is a trademark that has been used by others and has certain influence.
According to the provisions of the Trademark Law , the signs that are not allowed to be used as trademarks include: China’s country name, national flag, national emblem, national anthem; signs that are the same or similar; signs that are ethnically discriminatory, etc. I hope the above content can be helpful to you, if you have other questions You can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
