First of all, Article 9 A trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.
Secondly, Article 10 The following signs shall not be used as trademarks: (1) identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), and identical with the names and graphics of specific place names or landmark buildings where the central state organs are located; (2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except as agreed 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 Red Crescent; (6) ethnic discrimination; (7) exaggerating propaganda and deception; (eight) harmful to socialist morality or other adverse effects; (9) Geographical indications: Geographical indications are used as trademarks, which is not illegal geographically.
Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. 1, the place name is other meaning or as a collective trademark; 2. Except for the certification trademark part; 3. The registered trademark for the use of geographical names shall remain valid.
Third, the Trademark Law stipulates (Article 1 1) that the following marks shall not be used: (1) only refers to the common name, figure and model of the commodity; (two) directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (3) Lack of distinctive features.
A trademark listed in the preceding paragraph may be registered as a trademark if it has obvious characteristics and is easy to identify after use.
Third, the Trademark Law (Article 12) stipulates that when applying for registration of a trademark by using a three-dimensional mark, only the shapes produced by the nature of the commodity itself, the shapes of the commodity needed to obtain technical effects or the shapes that make the commodity have substantial value will not be registered.
Finally, the Trademark Law (Article 13) stipulates that a trademark applied for registration on the same or similar goods belongs to a well-known trademark copied, imitated or translated by others, which is likely to cause confusion, so it shall not be registered and prohibited from being used.
Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
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