Class 25 trademarks mainly include: clothing, shoes, and hats. Broken down, there are: clothing, baby textile products, special sportswear, impermeable clothing, costumes, shoes, hats, socks, gloves (excluding special gloves), ties, scarves, shawls, veils, belts, clothing belts wait. Items can be seen everywhere in our daily lives. For this reason, this category has always been very popular. If you want to know the latest 25 categories of trademarks, you can refer to: website.
Warm reminder: In practice, trademark signs are "deceptive" mainly in the following situations:
1. It is easy for the public to misunderstand the quality and other characteristics of the product: quality is the product Or the quality of the service, it is a neutral term and there is no distinction between good and bad in itself. If it involves words that describe the quality of goods or services, they are often positive words. If the goods or services themselves do not have the quality characteristics described by the trademark mark, it is easy for the public to associate the goods or services with such quality characteristics, and may cause the public to mistakenly believe that the goods or services have such quality characteristics. In practice, a trademark mark not only describes the quality characteristics of the goods or services, but also describes other characteristics of the goods or services. Other characteristics include: raw materials, content, type, function, use, model, weight, quantity, price, production time, technical characteristics, etc. In this case, the judgment must be based on understanding the meaning of the trademark mark and combining it with the specific goods or services. For example, regarding the trademark "Healthy Cotton Color" designated for use on Class 25 clothing, hats and other goods, the Trademark Review and Adjudication Board believes that the applied trademark "Healthy Cotton Color" is used on designated goods, which can easily be understood by consumers as beneficial to human health. , cotton fabrics that have no irritating effect on the skin, etc., thus easily causing the public to misunderstand the quality, raw materials and other characteristics of the goods, constituting the situation specified in Article 10, Paragraph 1, Item (7) of the Second Amendment to the Trademark Law.
2. It is easy for the public to misunderstand the origin of goods: The review or trial of place names contained in trademark signs may involve multiple provisions of my country's trademark law. Items (1) and (2) of Article 10, Paragraph 1, of my country's current Trademark Law respectively stipulate that Chinese country names and foreign country names (except with the consent of the government of that country) shall not be used as trademarks. Paragraph 2 of Article 10 of my country’s current Trademark Law stipulates that the names of administrative divisions above the county level and foreign place names known to the public shall not be used as trademarks. The misidentification of the origin of goods is determined when "the mark is clearly excluded from the name of a country, the name of an administrative division above the county level, a foreign place name known to the public, or a geographical indication, or the above provisions are obviously not applicable." The "Trademark Examination and Trial Standards" stipulates: If a trademark consists of a place name in my country that is well-known to the public outside this article or contains such a place name, and is used on the goods designated for use, which is likely to cause the public to misunderstand the origin of the goods, it will be determined to have In case of adverse effects, the provisions of Article 10, Paragraph 1 (8) of the Second Amendment to the Trademark Law shall be applied to reject the application. If the place name contained in the trademark is inconsistent with the location of the applicant and is likely to cause misunderstanding by the public, it will be judged to have adverse effects and shall be rejected in accordance with the provisions of Article 10, Paragraph 1, Item (8) of the Second Amendment to the Trademark Law. Since "" was promulgated before the implementation of my country's current Trademark Law, the provisions apply to Article 10, Paragraph 1, Item (8) of the second revised Trademark Law, which should now be included in Article 10, Article 10, of my country's current Trademark Law. In the case of misidentification of the place of origin in item (7) of paragraph (7). It can be seen from the above provisions that whether there is a misunderstanding about the origin of the goods, the correlation between the place name contained in the trademark logo and the goods designated by the trademark should be considered. If there is a certain connection between the two, it is easy for the public to misunderstand the place of origin of the goods. This constitutes the above-mentioned situation; if there is no specific connection between the place name contained in the trademark logo and the goods designated for use by the trademark, it does not constitute a misunderstanding of the origin of the goods. For example, the designated use of the "Nenjiang nen jiangji" trademark on Class 30 rice and corn (ground) commodities may easily cause consumers to misunderstand the origin of the commodities. The Nenjiang River Basin is my country's main wheat and soybean producing area and an important grain base. If a trademark containing "Nenjiang" is designated for use on food products, it will easily remind consumers of the place where the food is produced, leading to misunderstandings.
3. It is easy for the public to misunderstand the manufacturer of goods: "Trademark Examination and Trial Standards" states that "a trademark consists of or contains a company name, and there is a substantial difference between the name and the applicant's name. "Situations that are likely to cause the public to misunderstand the source of goods or services" fall within the scope of "other adverse effects" in Article 10, Paragraph 1, Item (8) of the Second Amendment to the Trademark Law.
This misunderstanding is caused by the inconsistency between the company name contained in the trademark logo and the actual company name. A company name is a sign that distinguishes an enterprise from other companies. It is also the most original sign to identify the source of goods. There is no sufficient reason to prohibit a trademark from being composed of a company name or containing a company name, but the company name in the trademark should be consistent with the name of the applicant. , otherwise it is easy for consumers to misunderstand the producer of the commodity. This situation is similar to the misidentification of the origin of goods mentioned above. It is deceptive and can easily cause the public to misunderstand it. It should fall within the scope of Article 10, Paragraph 1, Item (7) of my country's current Trademark Law. Inside. For example, the trademark "Xishang Bank" is designated for use in Category 36 financial services, banking and other services, and the applicant is Hongdou Group Co., Ltd. After review, the Trademark Review and Adjudication Board held that the applied trademark is "Xishang Bank" and the applicant is Hongdou Group Co., Ltd.. The applied trademark is inconsistent with the applicant's name and there are substantial differences that may easily cause the relevant public to misunderstand the source of the service. This constitutes my country's current The circumstances specified in Article 10, Paragraph 1, Item (7) of the Trademark Law.