Article 10, paragraph 1, item (8) of the "Trademark Law" stipulates that "any trademark that is harmful to socialist morals or has other adverse effects shall not be used as a trademark." "Socialist ethics" refers to the norms and norms of people's daily life and behavior in our country, as well as the good customs and habits that are popular in society within a certain period of time. Article 10, Paragraph 1, Item (8) of the "Trademark Law" has a relatively wide scope of application. The following examples illustrate several common rejection situations:
1. The trademark contains "国" and "military" Trademarks such as
were all rejected because they were likely to have adverse social effects. At present, the number of applicants applying for trademarks containing the words "国" and "military" is gradually declining.
In addition, trademarks containing the names of large-scale activities and projects organized by the state shall not be registered and used.
, because it was related to the content of the “One Belt, One Road” project, it was rejected on the grounds of violation of Article 10, paragraph 1, item (8).
2. Harmful to religious beliefs, religious feelings or folk beliefs
(1) Containing the words "Temple, Temple, Ancestral Hall"
Taishan Bixia Temple is located on the south side of the top of Mount Tai. It is the ancestral home of Bixia Yuanjun, the famous Taoist goddess. The application was rejected on the grounds that it violated Article 10, Paragraph 1, Item (8) of the Trademark Law.
(2) Words involving religious sects
Words containing Buddhism, Taoism, Islam and other sects, words that indirectly express religious beliefs and words involving religious feelings, such as:
(3) Involving religious patterns
The graphic trademark is a cartoon pattern composed of the expressions of four Tang monks. The trademark is "similar to Buddhist patterns, and it is easy to cause negative social effects when used as a trademark." "impact" was rejected on absolute grounds.
3. Non-standard use of Chinese characters, idioms, and phrases
(1) Those with the same pronunciation and different characters, or substitution of radicals
(2) Belonging to
Word trademarks with non-standard Chinese characters that have been treated with art. If the strokes of the Chinese characters are incomplete, it may easily cause misunderstandings among primary and secondary school students, resulting in adverse effects.
, the stroke of the word "利" lacks a "vertical", and the application was rejected on the ground that it violated Article 10, Paragraph 1, Item (8) of the Trademark Law.
IV. Some Internet popular words
Applicants applying for registration of Internet popular words as trademarks need to fully understand the background of such words, the context of use, and whether they are likely to cause negative social effects. Influence.
Words such as
are vulgar in style, harmful to socialist morals, and are likely to have negative social effects and are dismissed.
Although the registered trademark of this word has been approved in history, the situation has changed since the word has become a popular language on the Internet and has negative connotations. The applicant then uses it as a trademark. Application for registration will be directly rejected because it is likely to have adverse social effects.