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Which signs cannot be used as trademarks?

Abstract: "Well-known trademarks", also known as well-known trademarks, first appeared in the "Paris Convention for the Protection of Industrial Property" signed in 1883. According to the provisions of the Convention, special legal protection is provided to well-known trademarks, which has become an important part of my country's trademark legal work. What are the prohibited trademark symbols? Which signs cannot be used as trademarks? The following will introduce relevant knowledge to you, let’s take a look together! Trademark prohibited signs Which signs cannot be used as trademarks

Trademarks are visible signs used to distinguish goods or services provided by different producers and operators, including text, graphics, letters, numbers, three-dimensional signs and colors. combinations, and combinations of the above elements. But not all visible signs can be used as trademarks. According to Article 6ter of the Paris Convention for the Protection of Industrial Property, “the national flags, national emblems, official signs indicating the implementation of national control and guarantees, inspection marks and signs of intergovernmental international organizations, etc. of the member countries of this Convention shall not be used as trademarks. Registration and use. "The trademark laws of various countries have regulations on trademark prohibited signs. Our country is a member state of the Paris Convention for the Protection of Industrial Property and should fulfill its obligations under the Convention. At the same time, in light of my country's national conditions, this article stipulates that the following signs shall not be used as trademarks:

1. Those that are identical or similar to the country name, national flag, national emblem, military flag, or medal of the People's Republic of China, and The name is the same as the name of a specific place where the central state agency is located or the name or figure of a landmark building. Such as the five-star red flag, the August 1st military flag, Xinhua Gate, etc. The above-mentioned signs are national symbols and shall not be used as trademarks in order to safeguard national dignity.

2. Marketing planning company planning company marketing planning agency marketing planning is the same as or similar to the name, national flag, national emblem, or military flag of a foreign country, except with the consent of the government of that country. Our country follows the "Five Principles of Peaceful International Relations" in its international exchanges and advocates that all countries, big or small, rich or poor, strong or weak, are equal. In order to respect the sovereignty of foreign countries, any signs that are identical or similar to the names, national flags, national emblems, and military flags of foreign countries may not be used as trademarks without the consent of the government of that country.

3. Identical or similar to the name, flag, or emblem of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public. Intergovernmental international organizations are international institutions established by sovereign states through international treaties, such as the United Nations, the World Trade Organization, the European Union, etc. These institutions are independent of their member states, perform their duties in accordance with international treaties signed by their member states, and enjoy diplomatic immunity in international exchanges. In order to show respect for these international organizations, all signs that are identical or similar to the names, flags, and emblems of these international organizations shall not be used as trademarks, except with the consent of the organization or if they are not likely to mislead the public.

4. Is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones. The official marks and inspection marks that indicate the implementation of control and guarantee are the government's recognition and guarantee of the matters it supervises in fulfilling its duties. They have national credibility and should not be used as trademarks. Otherwise, they will mislead the society and greatly reduce this credibility. . According to Article 6ter of the Paris Convention for the Protection of Industrial Property, official signs and inspection marks that indicate control and guarantee may not be used as trademarks without authorization.

5. The same or similar name or symbol as "Red Cross" or "Red Crescent". "Red Cross" is the symbol of the International Red Cross Society, and "Red Crescent" is the symbol of the Red Crescent Society. In Islamic countries, the organization with the same nature as the International Red Cross Society is the Red Crescent Society. Both associations are voluntary international rescue and relief organizations. According to the provisions of the international treaty on the Two Sessions, the names and symbols of the "Red Cross" and "Red Crescent" shall not be used for activities unrelated to the purposes of the Two Sessions.

6. Ethnically discriminatory. Our country is a unified multi-ethnic country where all ethnic groups are equal. In order to maintain and promote national unity, any ethnically discriminatory signs are prohibited from being used as trademarks.

7. Exaggerated and deceptive propaganda.

Exaggerated and deceptive propaganda refers to the behavior of deliberately exaggerating the functions and effects of goods and services to mislead and deceive consumers, such as using "health" and "longevity" as cigarette trademarks, and "universal" as drug trademarks. In order to protect the rights and interests of consumers, signs that are exaggerated and deceptive are prohibited from being used as trademarks.

8. Harmful to socialist morals or have other adverse effects. The use of trademarks must not be harmful to socialist morals or have other adverse effects. This means that trademarks must not contain obscenity, feudal superstition, cults, and other content that is contrary to laws and regulations. For example, "Erfang Fine Wine" is used as a beverage trademark, and "Chicken" is used as a beverage trademark. Using "Po" as a condiment trademark should be prohibited.