1. What is Article 10 of the Trademark Law

1. Article 10 of the "Trademark Law of the People's Republic of China" stipulates which signs shall not be used as trademarks. The Trademark Law of the People's Republic of China was formulated to strengthen trademark management, protect the exclusive rights to trademarks, encourage producers and operators to ensure the quality of goods and services, maintain trademark reputation, and promote the development of the socialist market economy.

2. Legal basis: Article 10 of the "Trademark Law of the People's Republic of China"

The following signs shall not be used as trademarks:

(1) Identical or similar to the 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 name, logo of the central state agency, the name or landmark of a specific place where it is located The name and graphics of the building are 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;

< p>(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; The guaranteed official signs and inspection marks are the same or similar, except those authorized;

(5) The names and signs of the "Red Cross" and "Red Crescent" are the same or similar;

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(6) It is ethnically discriminatory;

(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its origin;

(8) Harmful to socialist morals or have 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.

2. How to deal with trademark infringement

1. Order to stop the infringement;

2. When the industrial and commercial administration department determines that the infringement is established, it shall order Immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or If the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.