It can be used, but it is not protected; trademark protection is regional. Each country has its own trademark registration authority, and the trademark laws of each country only protect registered trademarks in each country. Therefore, although a domestically applied trademark can be used abroad, its use is not protected by local laws. If there is an infringement dispute, you will be passive. Therefore, it is recommended to register the trademark in the country where it needs to be used.
The Trademark Law stipulates that the following signs shall not be used as trademarks:
(1) Identical or similar to the country name, national flag, national emblem, military flag, or 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, 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 official signs and inspection marks indicating implementation of control and guarantee, except those authorized;
(5) Same as "Red Cross" and "Red Crescent" "The name or logo is the same or similar;
(6) Ethnic discriminatory; (7) Exaggerated propaganda and deceptive;
(8) Harmful to socialist morals or have other adverse effects.
(9) Famous tourist destinations cannot be used for trademark registration
Place names of administrative divisions 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.
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
A collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
A certification mark is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. origin, raw materials, manufacturing methods, quality or other signs of specific quality.
2. However, the following signs shall not be registered as trademarks if they have not been used to obtain distinctive features and are easy to identify:
(1) Only the common name and graphics of the product , model;
(2) Only directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Lack of distinctive features .
3. It is prohibited to copy, imitate or translate someone else’s well-known trademark that has not been registered in China:
A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China. Well-known trademarks registered in China that are likely to cause confusion will not be registered and are prohibited from use.
If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.
4. In the Trademark Law revised in 203, it was added that manufacturers and operators shall not use the words "well-known trademark" on goods, product packaging or containers, or for advertising, exhibitions and other purposes. in business activities.