The Trademark Law of the People's Republic of my country stipulates as follows:
1. Definition of trademark. A trademark is a specific mark used to distinguish the source of goods or services, including text and graphics. , letters, numbers, colors, sounds, three-dimensional logos, etc.;
2. Registration of trademarks. Trademark registration refers to the act of the trademark owner applying for a trademark to the Trademark Office in accordance with the law. After being reviewed and announced, the trademark will be obtained. The trademark registration certificate enjoys the exclusive right to use the trademark;
3. Trademark rights: the trademark registrant enjoys the exclusive right to its registered trademark and can prohibit others from using the same or similar trademark on similar or similar goods or services. Trademark to avoid confusion;
4. Trademark protection, the Trademark Law stipulates measures to combat and sanction trademark infringement, including stopping infringement, eliminating the impact, compensating for losses, etc.;
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5. The term of use and renewal of trademarks. Trademark registration is valid for 10 years, and you can apply for renewal. Each renewal period is 10 years, and the protection period can be extended forever;
6. Transfer and licensing of trademarks. The trademark owner can transfer the trademark to others or license others to use the trademark, but it needs to be registered and announced in accordance with legal procedures. ;
7. International protection of trademarks. China has joined the Paris Convention and the Madrid Agreement, providing protection for domestic trademarks on an international scale.
The Trademark Law stipulates that the following signs shall not be registered as trademarks:
1. Identical or similar to the country name, national flag, national emblem, military flag and medal of the People's Republic of China. It 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;
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;
4. Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
5. The same name as "Red Cross" or "Red Crescent", Identical or similar signs;
6. Ethnically discriminatory;
7. Exaggerated propaganda and deceptive;
8. Harmful It has other adverse effects on socialist morals or customs.
The trademark applied for registration should meet the following conditions:
1. The trademark applied for registration must have the constituent elements;
2. The trademark applied for registration should have distinctive features. gender;
3. The trademark applied for registration shall not use signs prohibited by law;
4. The trademark applied for registration shall not be used by others on the same or similar goods or services. The registered or preliminarily approved trademark is identical or similar;
5. The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled within one year.
To sum up, the Trademark Law also includes other provisions, such as regulations on the use of trademarks, opposition and invalidation of trademarks, management and supervision of trademarks, etc. Trademark protection is crucial to an enterprise's brand building and market competition. Complying with the provisions of the Trademark Law helps safeguard trademark rights and a fair competitive environment.
Legal basis:
Article 10 of the Trademark Law of the People's Republic of China
The following signs shall not be used as trademarks:
< p> (1) Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, as well as the same name, logo, specific location of the central state agency The name of the country or the name or figure of the landmark building is the same;(2) The name, national flag, national emblem, military flag, etc. of a foreign country are the same or similar, except with the consent of the government of that country;
(3) Identical 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;
(4) With The official signs and inspection marks indicating the implementation of control and guarantee are the same or similar, except those authorized; (5) The names and signs are the same as the "Red Cross" or "Red Crescent" or Approximate;
(6) Ethnically discriminatory;
(7) Deceptive and likely to cause the public to misunderstand the quality and other characteristics of the goods or the place of origin. ;
(8) Harmful to socialist morals or having 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.