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Negative conditions for trademark registration

Negative conditions for the use of registered trademarks:

(1) It shall not infringe the prior rights or legitimate interests of others.

(2) It shall not violate the provisions of the Trademark Law prohibiting the registration or use of certain marks.

Legal Basis

Article 13 of the Trademark Law

If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, he may Apply for well-known trademark protection in accordance with the provisions of this Law. If 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 and is likely to cause confusion, it will not be registered and its use will be prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by others, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, registration will not be granted and use will be prohibited.