Trademark Law

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify and shall not conflict with the legal rights previously obtained by others.

The trademark registrant has the right to indicate "registered trademark" or registered mark.

Article 10 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 same as the name of a specific place where the central state agency is located or the name or figure of a landmark building;

(2) It is the same as or similar to the name, national flag, national emblem, or military flag of a foreign country, but Except with the consent of the government of the 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;

< p>(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

(5) Same as "Red Cross" and "Red Crescent" The name or logo is the same or similar;

(6) Ethnic discriminatory;

(7) Exaggerated propaganda and deceptive;

< p> (8) Harmful to socialist morals or have other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Article 11 The following signs shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

(2) ) only directly expresses the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Lack of distinctive features.

If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.

Article 12 When applying for a registered trademark with a three-dimensional mark, a shape that is solely caused by the nature of the goods themselves, a shape of the goods that is necessary to obtain technical effects, or a shape that makes the goods of substantial value shall not be used. register.

Article 13 If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China and is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.