If you want to apply for a registered trademark, you need to know detailed information. What trademarks cannot be applied for registration? The editor has brought you relevant knowledge about the trademarks that cannot be applied for registration. There may be what you need.

What trademarks cannot be applied for registration

1. The trademark applied for registration must be distinctive and prohibited words and graphics must not be used. According to Article 9 of the Trademark Law, the trademark applied for registration should have distinctive features and be easy to identify. Therefore, the requirement that a trademark must have distinctive features is determined by the identification function of the trademark. When a trademark is used in the market, it should be obvious to consumers that it is a trademark rather than decoration or description. Therefore, having distinctive features and being easy to identify are necessary conditions for a trademark.

2. In addition to being distinctive, in accordance with the provisions of the Trademark Law, the following words and graphics may not be used in trademarks:

(1) Countries with the same name as the Republic of China If the name, national flag, national emblem, military flag, or medal is identical or similar, it shall not be used as a trademark.

(2) If it is the same as or similar to the name, national flag, national emblem or military flag of a foreign country, it shall not be used as a trademark. Except with 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.

(4) Is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee. Except with authorization.

(5) The same or similar symbols or names as the Red Cross or the Red Crescent.

(6) The common name and graphics of this product.

(7) Directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.

(8) Ethnically discriminatory.

(9) Exaggerated and deceptive propaganda.

(10) Harmful to socialist morals or have other adverse effects.

(11) 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, except where the place names have other meanings or are part of collective trademarks or certification marks.

In addition, it should be noted that place name trademarks are easily considered to indicate that goods and services originate from a certain place. They lack the function of distinguishing different operators and are not suitable for one company to monopolize. Therefore, it is an international practice to prohibit place names from being used as trademarks.

What are the requirements for applying for a registered trademark?

First of all, Chinese applicants for trademark registration must be legally established enterprises, institutions, social groups, individual industrial and commercial households, and individual partnerships.

Secondly, the trademark applied for registration should meet the following conditions:

1. The trademark applied for registration must have legal constituent elements, that is, it must be text, graphics or a combination thereof, otherwise it cannot be used as a trademark.

2. The words, graphics or combinations used in the trademark should have distinctive features and be easy to identify. Among them, distinctiveness means that it should have its obvious characteristics.

3. The trademark applied for registration shall not use words or graphics prohibited by law.

4. The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year. However, if you apply for registration of a trademark that is identical or similar to a registered trademark that has been canceled due to cessation of use for three consecutive years on the same or similar goods, you are not subject to this condition.

5. The trademark applied for registration shall not be identical or similar to a trademark that has been registered or preliminarily approved by others for the same or similar goods or services.

How to transfer a registered trademark

To transfer a registered trademark, the transferor and the transferee should sign a transfer agreement and file an application with the Trademark Office at the same time. The transferee shall ensure the quality of the goods using the registered trademark. After the transfer of a registered trademark is approved, it will be announced.

The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.

When transferring a registered trademark, the transferor and the transferee shall submit an application for transfer of a registered trademark to the Trademark Office.

The application procedures for transferring a registered trademark shall be handled by the transferee. After the Trademark Office approves the application for transfer of a registered trademark, it will issue the transferee a corresponding certificate and make an announcement.

When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together; if it is not transferred together, the Trademark Office shall notify the trademark registrant to make corrections within a time limit. ; If no correction is made within the time limit, the application for transfer of the registered trademark will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.

For applications for transfer of registered trademarks that may cause misunderstanding, confusion or other adverse effects, the Trademark Office will not approve the application and will notify the applicant in writing and explain the reasons.

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