For the purpose of further regulating the trademark review standards, the state administration for industry and commerce to contain and brand name of our country is identical or similar to the trademark review standard text defined. Reporter interviews the state administration for industry and commerce shall officials.
7 kinds of marks can not be used as a trademark
The manager said that the following seven kinds of marks can not be used as a trademark:
- with PRC national emblem and flag, name, flag, MEDALS, and the same or similar with the specific location where state organs or the name of the landmark building of the same name, graphics,
In the country, “explained the name” includes full, referred to our country and abbreviations, full name is “law OF the People’s Republic OF CHINA”, “referred to as”, “CHINA”, “English abbreviated as or CN” and “CHN P.R.C”, “CHINA”, “HINA P.R.C”, “CHINA”, “the PR OF;” “Flag” is a red flag with five stars, “The national emblem” among the tiananmen square is a shining, sui and gear is around, “The flag of the Chinese people’s liberation army,” is the “red flag,” for the top-left corner flag, compose golden star and bayi “;” “Medal is awarded to the relevant departments of the state to state and society have contributed to the person or organization that honors the badge, “The specific location where state organs or landmark building” includes “tiananmen square”, “XinHuaMen” and “ziguang pavilion”, “HuaiRenTang”, “the great hall of the people”, can not be used as a trademark.
With foreign countries, name, flag, emblem and flag identical or similar, but the government’s consent of,
For example, FRANCE “bag” (” FRANCE “translated as” French “) is not allowed. The government agreed to by the applicant to submit refers to the government agreed written documents. The applicant should have obtained in the foreign trademark registration, as the foreign government agreed.
With inter-governmental international organizations, the name, flag, emblem identical or similar, but not by the organization agrees or except mislead the public,
Inter-governmental international organizations, refers to some countries and regions by the government for specific purposes by treaty or agreement of certain rules of the group. For example, the UN, the European Union and the world trade organization, etc. The international organization names include name, referred to as or abbreviations.
- exaggerated conduct propaganda and deceptive,
This refers to the use of the trademark designated goods or services such as the quality of the inherent characteristics of degree, more easy for the public to the quality of commodities or services etc. Characteristics errors For example, “wine”, “&” liquor mineral, etc., all is not allowed.
- harmful in socialist morality or other harmful effects,
Socialist morality, refers to the Chinese people live together and behavior standards, norms and in a certain period of social fashion good atmosphere and habits, Other adverse effects, refers to the trademark of the text, graphics, or other elements in China’s political, economic, cultural, religious and ethnic and social public interests and public order, the negative influence of negative.
Only this goods – generic names, graphics, model,
Here the generic names, graphics, model, refers to the national standards and trade standards of conventional or the name, graphics, model, which includes full name, referred to as, abbreviation, called. For example, “white” Korean ginseng, “502″ glue “XXL” garments are not as a trademark registration.
The lack of significant features –. For example, too simple lines, ordinary geometry, One or two common forms of letters, such as “A” costume.
Contains “China” trademark must have four conditions
With our country name to contain identical or similar to the trademark application, the text and the application for trademark has the following four conditions, can be preliminarily approved: the applicant shall subject qualification is approved by the state council or its authorized agencies established with the approval of the name of the applicant, the name registration administration organs shall be registered according to law, In applying for trademark and enterprise name or the name of the applicant is consistent, referred to as approved by the state council or its authorized agency for approval, In applying for trademark and the corresponding relationship between subjects have tight, In applying for trademark use of commodities or services range with the approved business scope shall be consistent. For example, “bank of China”, “China” is such a registered trademark.
The emphasis on the head, with “Chinese” and “word for” 2, the trademark review shall be formulated, through the strict censorship and related services, the trademark office will examine everywhere, the business review meeting JuWu meeting or the trademark review and adjudication board meetings of the study.
Recent Comments