Legal analysis: 1. Time of the first revision of the Trademark Law: On February 22, 1993, the Standing Committee of the National People's Congress revised the "Trademark Law" for the first time;
2 , The second revision time of the Trademark Law: On October 27, 2001, the Standing Committee of the National People's Congress revised the "Trademark Law" for the second time;
3. The third revision time of the Trademark Law: 2013 On August 30, 2014, the Fourth Meeting of the Standing Committee of the Twelfth National People's Congress passed the "Decision on Amending the Trademark Law of the People's Republic of China", which came into effect on May 1, 2014. . Basis: "Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China"
1. Merge the first and second paragraphs of Article 4 and amend them to: “Natural persons, legal persons or other organizations that need to obtain the exclusive right to use a trademark for their goods or services during production and business activities shall apply to the Trademark Office for trademark registration.”
2. Amend Article 6 to read: "Products that must use registered trademarks according to laws and administrative regulations must apply for trademark registration. Products without approved registration shall not be sold in the market."
3. Add a paragraph to Article 7 as Article 7 Article 1: “Applications for registration and use of trademarks shall be based on the principle of good faith.”
4. Amend Article 8 to read: “Anything that can distinguish the goods of a natural person, legal person or other organization from the goods of others. Open signs, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as combinations of the above elements, can be applied for registration as trademarks." 5. Article 10. Items 1 to 3 of a paragraph are revised to read: "(1) The same or similar country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, and the same 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) Is the same as or similar to a foreign country’s name, national flag, national emblem, military flag, etc. except with the consent of the government of that country;
(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public. ”
Amend item 7 of paragraph 1 to read: “(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the goods or the place of origin.”
Legal basis: "Trademark Law of the People's Republic of China"
Article 1 is to strengthen trademark management, protect the exclusive rights to trademarks, and encourage producers and operators to guarantee goods and services. This law is specially formulated to protect the quality of trademarks, safeguard the reputation of trademarks, protect the interests of consumers, producers and operators, and promote the development of the socialist market economy.
Article 2 The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide. The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.