Legal subjectivity:
The prohibited conditions of a trademark, also known as the negative elements of a trademark, refer to situations where the mark of a registered trademark should not be present. (1) Do not infringe the prior rights or legitimate interests of others. The main content is: the same or similar goods must not be identical or similar to a registered or previously applied trademark; 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, which may easily lead to If the trademark is confusing, it will not be registered and is prohibited from use; the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be affected. If the trademark is damaged, registration will not be allowed and use is prohibited; without authorization, the agent or representative registers the trademark of the principal or represented person in his own name, and if the principal or represented person raises an objection, the registration will not be granted. It is prohibited to use it; it is not allowed to preemptively register a trademark that has been used by others and has certain influence by unfair means; it is not allowed to infringe other people's other prior rights, such as design patent rights, copyrights, name rights, portrait rights, trade name rights, and special mark exclusive rights. rights, exclusive rights to the Olympic logo, exclusive rights to famous product names, packaging, decoration, etc. (2) It shall not violate the provisions of the Trademark Law prohibiting the registration or use of certain marks. Articles 10, 12 and 16 of the Trademark Law mainly stipulate the following two aspects: First, signs prohibited from registration or use as trademarks: the same country name, national flag, national emblem, military flag, The medal is identical or similar to the name of a specific place where the central state agency is located or the name or figure of a landmark building; the medal is identical or similar to the name, national flag, national emblem, or military flag of a foreign country, but the government of that country agrees. Exceptions; those that are identical or similar to the flag, emblem, or name of an intergovernmental international organization, except with the consent of the organization or that are not likely to mislead the public; those that are identical or similar to official signs or inspection marks that indicate the implementation of control and guarantee, except those that have been approved by the organization. Except those authorized; those that are the same as or similar to the signs and names of the "Red Cross" and "Red Crescent"; those that are ethnically discriminatory; those that are exaggerated and deceptive; those that are harmful to socialist morals or have other adverse effects Affected; the names of administrative divisions at or above the county level or place names known to the public, except where the 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 trademarks contain geographical indications of goods , and the product does not originate from the area indicated by the mark and misleads the public, it will not be registered and is prohibited from use; however, registration that has been obtained in good faith will continue to be valid. Second, signs that are prohibited from being registered as trademarks but can be used as unregistered trademarks or other signs: ① only the common name, graphics, and model of the product; only directly indicating the quality, main raw materials, functions, uses, weight, Quantity and other characteristics; lacking distinctive characteristics. The signs listed above that have acquired distinctive features through use and are easy to identify can be registered as trademarks. ② When applying for a registered trademark with a three-dimensional mark, the shape that is solely caused by the nature of the product itself, the shape of the product that is necessary to obtain technical effects, or the shape that makes the product of substantial value shall not be registered.