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What are the absolute prohibitions on trademark registration?

Absolute prohibitions on trademark registration refer to those strict provisions based on laws or regulations that prohibit certain types of trademarks from being registered. The following are some common absolute prohibitions on trademark registration:

1. Lack of Distinctiveness: A trademark must be sufficiently distinguishable to distinguish it from other trademarks. Generally, common words, descriptive marks or generic symbols cannot be registered.

2. Deceptive trademarks: Trademarks cannot contain misleading elements, even if they can be related to goods or services. A trademark cannot mislead consumers into thinking that goods or services have specific characteristics or origins that are inconsistent with the actual situation.

3. Violate public order or good customs: Trademarks cannot violate public order or good customs. This means that a trademark cannot be offensive, obscene, defamatory, racially discriminatory, or otherwise prohibited by social ethics.

4. Similar or confusing trademarks: A trademark cannot be so similar to a trademark that has been registered or applied for registration that it may cause confusion to the public. The trademark registration agency will conduct a detailed search and comparison of existing trademarks to ensure that the new trademark will not cause confusion with the existing trademark.

5. Flags and emblems: Trademarks cannot contain the country’s flag, emblem or other national symbols. This is to avoid confusion between the trademark and the authority and symbols of the country.

6. Well-known signs: Trademarks cannot contain the signs of protected international organizations, such as the Red Cross, the United Nations, etc. These marks enjoy special international protection and cannot be used as trademarks.

These are examples of some absolute prohibitions on trademark registration, and the specific prohibitions may vary from country to country. Before registering a trademark, it is recommended to carefully study and understand the trademark laws and regulations applicable to your country or region, or to consult a professional intellectual property lawyer or trademark agent.

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