Current location - Trademark Inquiry Complete Network - Trademark inquiry - Moutai’s application for the “State Banquet” trademark was rejected again. What words and graphics are prohibited from being used as trademarks under my country’s trademark law?
Moutai’s application for the “State Banquet” trademark was rejected again. What words and graphics are prohibited from being used as trademarks under my country’s trademark law?

Since the first banquet of the founding of the People’s Republic of China, Moutai has been active in all state banquets and various diplomatic occasions. The first Chinese liquor that many foreign friends know is Moutai. Today, Moutai has become a famous liquor. The Chinese business card of Zhang Piaoxiang World. As early as October 11, 2002, China Kweichow Moutai Distillery (Group) Co., Ltd. (hereinafter referred to as "Moutai Group") applied to register the "Moutai State Banquet" trademark (No. 3333017).

Information from the China Trademark Network shows that until 2016, the Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce made 2 rejection reviews and 5 rejection reviews for the "Moutai State Banquet" trademark. In 2016, Moutai Group sued the Trademark Review and Adjudication Board to the Beijing Intellectual Property Court. After nearly three years of trial, the Beijing Intellectual Property Court made a judgment rejecting the Moutai Group’s lawsuit.

Recently, the Beijing Court Trial Information Network published the first-instance judgment. The reason why the Maotai Liquor trademark - "Maotai State Banquet" trademark has not been registered is simple. It violates Article 10, Paragraph 1, Items (7) and (8) of the Trademark Law:

Marks that are "deceptive and likely to cause the public to misunderstand the quality and other characteristics of the goods or their origin" shall not be used as trademarks;

Those that are 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.

What words and graphics are prohibited from being used as trademarks under my country’s trademark law?

① Words and graphics that are the same as or similar to the country name, national flag, national emblem, military flag, and medals of the People's Republic of China;

② Same as the country name or national flag of a foreign country , the same or similar words and graphics as the national emblem or military flag;

③The same or similar words and graphics as the flags, emblems, or names of intergovernmental international organizations;

④The same as " "Red Cross" and "Red Crescent" signs, words and graphics with the same or similar names;

⑤The common name and graphics of this product;

⑥Directly indicating the quality of the product , main raw materials, functions, uses, weight, quantity and other characteristics of text and graphics;

⑦ Text and graphics with ethnic discrimination;

⑧ Exaggerated propaganda and with Deceptive words and graphics;

⑨Words and graphics that are harmful to socialist morals or have other adverse effects;

⑩Place names of administrative divisions at or above the county level or those known to the public Foreign place names. However, unless the place name has other meanings, the registered trademark using the place name will continue to be valid. Moutai trademark liquor trademark