Situation ①: It is illegal to print a registered trademark without R, which seriously constitutes a crime.
situation ②: it is not illegal to print a registered trademark or a legal trademark transferred to you by others.
According to Chapter VII Protection of the Exclusive Right to Use a Registered Trademark of the People's Republic of China, Article 52
Article 52 Any of the following acts is an infringement of the exclusive right to use a registered trademark:
(1) Without the permission of the trademark registrant, Using a trademark identical with or similar to its registered trademark on the same kind of goods or similar goods
(2) selling goods that infringe on the exclusive right to use a registered trademark
(3) forging or manufacturing others' registered trademark logo without authorization
(4) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market
(5)
if one of the acts listed in article 52 of this law infringes on the exclusive right to use a registered trademark and causes a dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a suit in a people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer neither brings a suit nor performs it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties concerned, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.
Notes on the use of trademarks:
Prohibition clauses
1. The Trademark Law stipulates that the following marks shall not be used as trademarks:
(1) They are identical with or similar to the national name, national flag, national emblem, military flag and medal of the People's Republic of China, and are identical with the names of specific places where the central state organs are located or the names and graphics of landmark buildings;
(2) identical with or similar to a foreign country's name, national flag, national emblem or military flag, unless it is approved by the government of that country;
(3) identical with or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easily misleading the public;
(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;
(5) identical with or similar to the names and symbols of the Red Cross and the Red Crescent;
(6) having ethnic discrimination;
(7) exaggerating publicity and being deceptive;
(8) It is harmful to socialist morality or has other adverse effects.
the names of administrative divisions at or above the county level or foreign names known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or a trademark that certifies Peugeot
pictures; Registered trademarks using geographical names shall remain valid.
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
a collective trademark refers to a sign registered in the name of a group, association or other organization for members of the organization to use in commercial activities, so as to show the membership of users in the organization.
a certification trademark refers to a mark controlled by an organization that has the ability to supervise a commodity or service and used by a unit or individual outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service.
2. However, the following marks may not be registered as trademarks if they have not been used and have obvious features and are easy to identify:
(1) Only the common name, figure and model of the commodity;
(2) directly indicating the quality, main raw materials, function, use, weight, quantity and other characteristics of the goods;
(3) lacking distinctive features.
3. Reproduction, imitation or translation of other people's well-known trademarks that are not registered in China is prohibited:
A trademark applied for registration of the same or similar goods is a well-known trademark copied, imitated or translated by others that is not registered in China, which may easily lead to confusion, so it is not registered and prohibited to use.
if the trademark applied for registration of different or similar goods is a copy, imitation or translation of a well-known trademark registered by others in China, misleading the public, which may damage the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
Principles of Fiction
(I) Principles of Fiction of Trademark Names
In addition to meeting the legal requirements of trademark naming, the following principles should be followed:
1. Easy to recognize, read, understand, remember and write
The name of a trademark must be clear and concise first; Words should be easy to understand, and don't use difficult and obscure words; Use words with simple strokes, easy to write and print, and don't use ancient words and waste words with complicated strokes, which are difficult to identify or have been eliminated; Pronunciation should be loud and smooth, with musical aesthetic feeling, and it is necessary to avoid bending and writhing. In addition, the text of the name cannot be too long.
2. Grasp the characteristics and highlight the key points
The trademark name is very short and can only show the characteristics of a certain aspect of the product, so it is necessary to grasp the characteristics and highlight the key points. This kind of prominence, or focus on showing identity, such as "Guizhou Moutai"; Or focus on display technology, such as "ancient Chinese health essence"; Or focus on displaying materials, such as "double-sided needle toothpaste"; Or focus on displaying value, such as "diamond electric fan"; Or focus on showing utility, such as "Baili brand soap"; Or sketch an image, such as "white rabbit toothpaste"; Or express interest, such as "Xiyingmen Towel Quilt"; Or show style, such as "Princess Piano"; Or express product categories, such as "organic rice"; Wait a minute.
3. name and reality should be integrated to avoid self-contradiction
the name should reflect a certain feature of the commodity from a certain side, which should be related to the commodity to some extent, and there should be no phenomenon that the name and reality of the commodity do not match or the trademark Peugeot
damages the image of the commodity. For example, "Panther" brand agricultural vehicle and "Panther" show the power of the vehicle, and the "Chrysanthemum" of the "Chrysanthemum" electric fan gives people a cool feeling, and the combination of name and reality is reasonable.
4. Consider the psychology of consumers
Commodities have certain consumers, and naming should consider the psychology of consumers in order to win the market. For example, children's products should consider children's psychology: so there are little angel children's shoes, white rabbit toffee and Wahaha fruit milk. Health care products for the elderly should consider the psychology of the elderly: therefore, there are Bainianle Chinese patent medicine, Laolaifu oral liquid and Ruyi brand crutches. Cosmetics are mainly consumed by young women, so the brand names are fashionable and foreign: Aoqi, Yaqian, Head & Shoulders, Lihua Sibao and Golden Ballet. High-end consumer goods are aimed at the characteristics that buyers should choose carefully, and use trademark names to show the preciousness, sophistication, durability and advanced of the goods, so there are Strauss piano, sapphire watch and so on.
5. The name should be aesthetic and meaningful.
The so-called aesthetic means that the name has a vivid image and can make people have a good association. Such as: tulip wallpaper, Penguin sweater and Lianhua monosodium glutamate.
meaningful means that a name can contain more information. For example, "Zhongyi" not only shows that the product has introduced Italian technology, but also tells people that the product can be satisfactory. "Old Laifu" has both Chinese meaning of getting old and being blessed, and it is homophonic with English LONGLIFE.
(II) Method of drafting trademark name
1. Introduction and explanation
This is the most commonly used method. This method is plain and popular, and some introduce the place of origin, such as Shanghai, Qingdao and Tianjin; Some introduce the efficacy, such as: divine power, a spoonful of beauty, permanence, Yong Fang, health and happiness.
2. figurative
the characteristic of this method is that the name is a metaphor, which refers to a certain feature of the product, such as the name of the TV set, the metaphor of "Changhong" is brilliant, the metaphor of "Peony" is bright, and the metaphor of "Peacock" is colorful.
3. Hint
The characteristic of this method is that although the name is not a vehicle, it can vaguely reveal more other information. For example, "Huari" implies the Japanese technology of products, "Aerospace" implies cutting-edge technology, "Manman" cigarettes imply a certain demeanor standard and value orientation, and Yuyang brand blankets imply the materials used for blankets.
4. Symbolic
The characteristic of this way is that the name can give people rich associations. For example, the "Great Wall" symbolizes a creative spirit, and the "Yellow River" symbolizes the ancient age of the Chinese nation, which is a more specific symbol. Some are more abstract, such as "double ring" and "triangle", which can only be freely associated by consumers.
5. Authoritative style
Authoritative style is characterized by naming with authority. Or borrow celebrities, such as "Li Ning", "Xinghai" or self-appointed authority, such as "Tianwangpai" and "Overlord". 6. Wishing style
Wishing style is characterized by auspicious and festive names. Such as "Beautiful", "Dafa", "Happy Gate", "Double Happiness" and so on.
There are various naming methods. Here are only a few of the most commonly used ones, which should be handled flexibly according to the actual situation.