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Can imported products be trademarked with foreign flags?

Hello. It depends on whether the consent of the relevant country has been obtained. If it agrees, it is OK. If it does not, it is not allowed. According to the provisions of Article 48 of the "Trademark Law", the use of unregistered trademarks should mainly comply with the following provisions:

1. Shall not violate the prohibited provisions of the Trademark Law. Article 10 of the Trademark Law stipulates the scope of words and graphics that are prohibited from being used as trademarks:

(1) Same as the country name, national flag, national emblem, military flag, and medals of the People's Republic of China Or similar, and the same as the name of a specific place where the central state agency is located or the name or figure of a landmark building;

(2) Is the same as or similar to the name, national flag, national emblem, or military flag of a foreign country except with the consent of the government of that country;

(3) Identical or similar to the name, flag, or emblem of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

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(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

(5) Same as "Red Cross", "Red Cross" and "Red Cross" The name and logo of "Crescent Moon" are the same or similar;

(6) It is ethnically discriminatory;

(7) It is exaggerated and deceptive;

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(8) Harmful to socialist morals or have 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 made 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.

2. Do not infringe the exclusive rights of others’ registered trademarks.

Registered trademarks are protected by law. Unregistered trademarks must not be identical or similar to registered trademarks, which is the basic prerequisite for the use of unregistered trademarks. If an unregistered trademark is identical or similar to a registered trademark, the specific issues should be analyzed in detail. Some users of unregistered trademarks intentionally use unregistered trademarks that are identical or similar to registered trademarks, which is intentional infringement; but there are also many cases where the two trademarks are objectively unintentionally conflicting and constitute the same or similar trademarks, which is negligent infringement. Behavior. In the management of unregistered trademarks, the former intentional infringement must be severely punished; the latter negligent infringement should be dealt with leniently as appropriate to achieve the purpose of stopping use. Doing so not only achieves the purpose of protecting registered trademarks in accordance with the law, but also fully considers the interests of users of unregistered trademarks within the scope permitted by legal provisions, which is conducive to better and comprehensive protection of the vital interests of all parties.

3. No counterfeiting of registered trademarks is allowed. Counterfeiting a registered trademark refers to the trademark user's behavior of marking the word "registered trademark" or adding (note) or (R) registration mark on a trademark that has not been approved by the trademark authority. In addition to using the word "registered trademark" or registered mark on a trademark that has not been registered or applied for registration, the behavior of counterfeiting a registered trademark also has the following forms:

(1) Although the trademark has not been registered or applied for registration, it also takes the following forms: The Trademark Office filed a registration application, but added the word "registered trademark" or registered mark before approval; (2) The trademark registrant used the registered trademark beyond the approved scope of goods and marked the word "registered trademark" or marked the registration mark ; (3) After the registered trademark has been canceled due to failure to complete the trademark renewal registration procedures, or after the registered trademark has been revoked due to illegal use. Still continue to use and add the words "registered trademark" or registered mark.

4. Products using unregistered trademarks must not be shoddily manufactured, passed off as inferior, and deceive consumers.

Supervising product quality through trademark management is a feature of my country’s Trademark Law, which shows that while protecting the exclusive rights to trademarks, we put the protection of consumer interests in an important position. Goods using registered trademarks are required to ensure product quality, and goods using unregistered trademarks are also required to ensure product quality. Article 31 of the "Trademark Law Implementing Rules" stipulates strict penalties for violations of product quality regulations. The same provisions apply to the penalties for unregistered trademark users and trademark registrants, and they are treated equally.

When trademark administrative agencies implement this legal provision, their scope of work is mainly carried out in the field of commodity circulation. Commodity quality problems that occur in the production process are mainly investigated and dealt with by the product quality supervision department according to the division of law enforcement. For shoddy goods that appear in the circulation field and are passed off as good quality, the industrial and commercial administrative agencies must obtain inspection certificates from relevant national statutory quality inspection agencies and then deal with them in accordance with the provisions of the Trademark Law.