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7 Marks Shall Not Be Used As Trademarks.

2010/8/21 13:36:00 102

Trademark

 

In order to further standardize the trademark review standards, the state

State Administration for Industry and Commerce

The Trademark Office has clearly stipulated the standards for the examination of trademarks that are identical to or similar to those of our country's names.

The reporter interviewed the relevant director of the Trademark Bureau of the State Administration for Industry and commerce.


7 marks shall not be used as trademarks.


The official said that the following 7 signs should not be used as trademarks:


- the name and flag of People's Republic of China.

National Emblem

Military flag,

medal

The same or similar, and the same name or figure as the name of a specific place at the place of the central state organ or the landmark building.


  这位负责人解释说,“国家名称”包括全称、简称和缩写,我国国家名称的全称是 “中华人民共和国”,简称为“中国”、“中华”,英文简称或者缩写为“CN”、“CHN”、“P.R.C”、“CHINA”、“P.R.CHINA”、“PR OF CHINA”;“国旗”是五星红旗;“国徽”的中间是五星照耀下的天安门,周围是谷穗和齿轮;“军旗”是中国人民解放军的“八一”军旗,军旗为红底,左上角缀金黄色五角星和“八一”两字;“勋章”是国家有关部门授给对国家、社会有贡献的人或者组织的表示荣誉的证章;“中央国家机关所在地特定地点或者标志性建筑物”包括“天安门”、“新华门”、“紫光阁”、“怀仁堂”、“人民大会堂”等,不得作为商标使用。


It is the same or similar to a foreign country's name, national flag, national emblem or military flag, unless it is agreed by the government.


For example, the "FRANCE" travel bag ("FRANCE" plated into "France") is not allowed.

The consent of the government refers to the applicant's ability to submit written confirmation documents approved by the government.

If the applicant has registered the trademark in that foreign country, it shall be deemed to be the consent of the foreign government.


That is the same or similar as the name, flag or emblem of an international organization, unless it is agreed or not easily misled by the organization.


Intergovernmental international organizations refer to organizations with certain rules and regulations established by governments or governments in certain countries for specific purposes through treaties or agreements.

For example, the United Nations, the European Union, the World Trade Organization and so on.

The names of international organizations include full names, abbreviations or abbreviations.


- exaggerating publicity and deceptive;


This means that the trademark is more than the inherent degree of the quality of its designated use of goods or services, making it easy for the public to erroneous understanding of the quality of goods or services.

For example, "national liquor" liquor, "gourmet" mineral water and so on, are not allowed.


- harmful to socialist moral trends or other harmful effects;


Socialist moral trend refers to the norms and norms of people's common life and behavior in China, as well as the good customs and habits prevailing in society in a certain period of time. Other adverse effects refer to the negative effects of trademarks, graphics or other elements on the social and public interests and public order of our country's politics, economy, culture, religion, nationality and so on.


- only the generic name, graphics and type of this commodity.


The generic name, graphics and type of the system refer to the names, figures and models prescribed by the national standard or the industry standard, including the full name, the abbreviation, the abbreviation, and the common name.

For example, "Korea white" ginseng, "502" glue, "XXL" clothing and so on shall not be registered as trademarks.


- lacking distinctive features.

For example, too simple lines, ordinary geometric shapes; one or two ordinary forms of letters, such as "A" clothing.


Trademark containing "China" must have 4 conditions.


If a trademark application containing the same or similar character in the name of the state of China is applied, the applicant and the application trademark have the following 4 conditions, which can be preliminarily examined and approved: the applicant's main qualification should be approved by the State Council or its authorized organ. The name of the applicant should be registered by the name registration management organ according to law. The application trademark is consistent with the applicant's enterprise name or the name abbreviation, for short, it is approved by the State Council or its authorized organ; the application trademark is closely related to the applicant's main body; the scope of the commodity or service specified for the application of the trademark shall be consistent with the approved business scope.


For example, "Bank of China" and "China Petroleum" are such registered trademarks.

The person in charge stressed that the examination of the trademarks containing the word "China" and the first word as "Guo" should be strictly examined, and be cautious and cautious. It is decided through the relevant censorship office, the Trademark Office to review the business work conference, the Trademark Office's Council meeting or the trademark review committee committee discussion.

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