Current location - Trademark Inquiry Complete Network - Trademark registration - What can't be used as a trademark?
What can't be used as a trademark?
The following signs shall not be used as trademarks:

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 is the same as the name of the specific place where the central state organ is located or the name and figure of the landmark building;

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. Being identical with or similar to the names and symbols of the Red Cross and Red Crescent;

6. Racial discrimination;

7. Exaggerated propaganda and deception;

8. It is harmful to socialist morality or has other adverse effects.

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. However, place names have other meaning or as a group.

Except trademarks and certification trademarks; Registered trademarks using geographical names shall remain valid.

In most countries, the following situations are not considered to have significant characteristics:

(1) Trademarks adopt commodity names or graphics commonly used in this industry. If "cow" is used as the trademark pattern of milk powder, because cow is a common commodity pattern in this industry, the trademark does not have obvious characteristics and cannot be registered.

(2) Geographical names are used for trademarks. According to international practice, many countries and regions prohibit the use of geographical names as trademarks, because geographical names cannot distinguish different commodity producers and operators.

(3) Trademarks are only composed of words and graphics that indicate the quality, main raw materials or functions and uses of goods. Such as "cashmere" plush and "gold" pen. The adoption of such trademarks will confuse goods with other similar goods.

(4) The trademark consists of simple Arabic numerals. Taking Arabic numerals as trademarks; It will make it difficult to identify, and it will also cause misunderstanding when used in some commodities. For example, the trademark used for shoes is easily confused with the size. Most countries stipulate that digital trademarks are not allowed to be registered. For example, the registration application of "555" brand battery produced in Guangzhou in Pakistan, Kenya and other countries has not been approved.

Different countries have different scales when examining the distinctive features of trademarks.

Japanese Trademark Law and China Trademark Law have similar provisions on distinctive features, but require that trademarks must use one or more specific colors.

The provisions of the French trademark law are relatively loose. All marks that can be used to identify products, goods or services, such as surnames, aliases, place names, labels, emblems, trademarks, printed matter, stamps, illustrations, pictures, reliefs, letters, numbers and inscriptions, can be used as trademarks of industry, commerce or service industries.

Britain and the United States implement a two-part system of trademark registration, and the requirements for trademark registration in Part A (main book) are stricter than those in Part B (auxiliary book). The British Trademark Law stipulates that anyone applying for registration as a Part A trademark must meet at least one of the following conditions:

(1) company, store name, name or personal name, expressed in a unique shape;

(2) the signature style of the applicant himself or the predecessor of the enterprise;

(3) One or several original words;

(4) One or several words that are not directly related to the characteristics or quality of the goods, but they shall not be place names or surnames;

(5) Other distinctive features.