Trademark Law

(1) Overview of Trademark Law

1. Jurisdiction over trademark registration

Director of the Trademark Office of the Administration for Industry and Commerce of the State Council National trademark registration and management work.

The Administration for Industry and Commerce of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply for trademark registration with the Trademark Office.

Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for registration of the same trademark at the same time, and jointly enjoy and exercise the exclusive right to the trademark.

When applying for registration and use of a trademark, the principle of good faith must be followed.

When applying for trademark registration or handling other trademark matters, you can handle it yourself or entrust a trademark agency established in accordance with the law to handle it.

When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they should entrust a trademark agency established in accordance with the law to handle it.

2. Contents of trademarks

(1) Elements of trademarks

Anything that can distinguish the goods of a natural person, legal person or other organization from the goods of others Logos, including words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, as well as combinations of the above elements, can be applied for registration as trademarks.

The trademark applied for registration should have distinctive features and be easy to identify, and should not conflict with the legal rights previously obtained by others. The trademark registrant has the right to indicate "registered trademark" or registered mark.

(2) Symbols that may not be used as trademarks

①The same as the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, and medals of the People's Republic of China Identical or similar, or the same as the name or logo of a central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building;

② Same as the name, national flag, or national emblem of a foreign country , military flags, etc., except with the consent of the government of that country;

③ Identical or similar with the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or not likely to mislead Except for 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 Same as the "Red Cross", The name and logo of "Red Crescent" are the same or similar;

⑥ It is ethnically discriminatory;

⑦ It is deceptive and can easily mislead the public about the quality of the product. Misunderstanding of characteristics or place of origin;

⑧ Harmful to socialist morals or 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.

(3) A sign shall not be registered as a trademark

① Only the common name, graphics and model of the product;

② Only a direct representation of the product Quality, main raw materials, functions, uses, weight, quantity and other characteristics;

③Other lack of distinctive characteristics.

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.

(4) Well-known trademarks

If the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, it may request the protection of a well-known trademark in accordance with the provisions of this Law.

If 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 and is likely to cause confusion, it will not be registered and its use will be prohibited.

If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.

Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.