In this case, the disputed point is that the Coconut Tree Group applied for its product coconut juice? State banquet drinks? And other related trademarks, but it does not conform to the relevant provisions of China's current law, the Trademark Law, and should be rejected. The court held that in this case, trademark litigation? Coconut group state banquet drink? Containing the name of our country violates the provisions of Item (8) of Paragraph 1 of Article 10 of the Trademark Law. The result of the lawsuit in this case is to reject the application of Coconut Tree Group for coconut juice. State banquet drinks? Trademark application.
So what kinds of trademarks can't be applied for in China's current trademark law? China's Trademark Law clearly stipulates that you may not apply for a trademark under the following circumstances:
1. It is the same as or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), and it is the same as the name of the specific place where the central state organs are located or the name and graphics of the landmark buildings.
2. It is identical with or similar to the name, national flag, national emblem and military flag of a foreign country, unless it is approved by the government of that country;
3. It is identical with or similar to the name, flag and emblem of an intergovernmental international organization, except that it is recognized by the organization or is not easy to mislead the public;
4. It is identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless it is authorized;
5. the same? Red Cross? 、? Red moon? The name and logo are the same or similar;
6. Racial discrimination;
7. Exaggerated propaganda and deception;
8. It is harmful to socialist morality or has other adverse effects.
To sum up, the trademark applied by Coconut Tree Group this time violates the trademark law. Similar or similar to the country name? So it won't pass, and the coconut tree group will also be rejected? State banquet drinks? Take it out of the coconut milk package.
It is a good thing for Coconut Tree Group to apply for a trademark and increase publicity, but it must act within the scope permitted by law. If you violate the relevant laws, you must take a positive attitude of admitting mistakes and correcting them.