1. Multiple-choice questions
1. Which of the following trademark agencies can accept entrustment but need to be informed that there may be situations that prohibit registration under the trademark law?
A. Company A hopes to register "Apple" on the apple products it sells
B. Company B hopes to register the scent on its perfume products
C. Company C hopes to register the scent on its perfume products
?Red Crescent? is registered on its mobile phone products
D. Company Ding hopes to register a meticulous lotus painted by Zhang as a trademark for spice products
Reference answer
1. Situations under which test center agencies can and cannot accept entrustment
Difficulty★
Answer ABCD
Analysis: Article 1 of the Trademark Law Article 19 stipulates that trademark agencies shall abide by the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; they shall not disclose any business secrets of the agent that they learn during the agency process. Obliged to maintain confidentiality. If the trademark applied for registration by the client may be prohibited from registration under this Law, the trademark agency shall clearly inform the client. If a trademark agency knows or should know that the trademark applied for registration by the client falls under the circumstances specified in Articles 15 and 32 of this Law, it shall not accept its entrustment. In addition to applying for trademark registration for its agency services, a trademark agency shall not apply for registration of other trademarks. Article 11 of the Trademark Law stipulates that the following signs shall not be registered as trademarks: (1) only the common name, graphics, and model of the product; (2) only directly indicating the quality, main raw materials, functions, and uses of the product , weight, quantity and other characteristics; (3) Other lack of distinctive characteristics. If the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks. Company A wants to register the common name of its product as a trademark, but there are situations where the registration is not allowed. Item A is correct and elected.
According to Article 8 of the Trademark Law, any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, colors Combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks. Smell is not something that can be registered as a trademark. Choice B is correct and elected.
Article 10 of the "Trademark Law" stipulates that the following signs shall not be used as trademarks: (1) The same country name, national flag, national emblem, national anthem, military flag, military emblem, military The same or similar anthems, medals, etc., as well as the names and logos of central state agencies, the names of specific places where they are located, or the names and graphics of landmark buildings; (2) The names, national flags, national emblems, and military flags of foreign countries Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the government of the country; (3) Identical or similar to the name, flag, emblem, etc. 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) Identical or similar to the name or mark of the "Red Cross" or "Red Crescent"; (6) It is ethnically discriminatory; (7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its place of origin; (8) It is harmful to socialist morals or has 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 those 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? The trademark Ding wants to register is "Red Crescent", which is an international humanitarian non-governmental organization and cannot be registered as a trademark or used. Item C is correct and elected.
Article 9 of the "Trademark Law" stipulates that "the trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the legal rights previously obtained by others." Company D wishes to register the previously copyrighted work as a trademark, but it has not obtained the consent of the prior right holder. Therefore, it cannot be registered as a trademark. The trademark agency can accept the entrustment, but it should inform in advance that registration will not be granted. Item D is correct and elected.
Therefore, ABCD is chosen for this question.