Current location - Trademark Inquiry Complete Network - Trademark inquiry - What are the circumstances under which it cannot be used as a trademark?
What are the circumstances under which it cannot be used as a trademark?

Legal analysis: The following signs cannot be used as trademarks: those that are identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. of the People's Republic of China, It is also 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; it is the same or similar to the name, national flag, national emblem, military flag, etc. of a foreign country, but with the consent of the government of that country Except for those that are the same as 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; those that are the same as or similar to the official signs or inspection marks indicating the implementation of control and guarantee, Except those authorized; names and symbols that are the same as or similar to the "Red Cross" or "Red Crescent"; are ethnically discriminatory; are deceptive and may easily cause the public to have doubts about the quality and other characteristics of the goods or their place of origin. Misunderstood; harmful to socialist morals or having other adverse effects.

Legal basis: "Trademark Law of the People's Republic of China"

Article 22 Applicants for trademark registration shall fill in the categories of goods for which the trademark is used according to the prescribed commodity classification table. and product name, submit an application for registration.

Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.

Trademark registration applications and other relevant documents can be submitted in writing or by data message.

Article 25: A trademark registration applicant files another trademark registration application for the same goods with the same trademark in China within six months from the date when the trademark registration application is first filed in a foreign country. , can enjoy priority in accordance with the agreement signed by the foreign country and China or the international treaty to which both countries are party, or in accordance with the principle of mutual recognition of priority.

If you claim priority in accordance with the preceding paragraph, you must submit a written statement when filing an application for trademark registration, and submit a copy of the first trademark registration application document within three months; if you fail to submit a written statement Or if a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that priority has not been claimed.