What are the criteria for trademark examination in China?

Part I Examination of marks that are not allowed to be used as trademarks

Article 1 of the Trademark Law:

(1) The marks are identical with or similar to the national name, national flag, national emblem, military flag and medal of the People's Republic of China. The meaning, pronunciation or appearance of a trademark is similar to the name of our country, which is easy for the public to mistake for the name of our country. If the applicant is a foreigner or a foreign enterprise, it is judged that it is easy to mislead the public and has adverse effects, and the provisions of Item (8) of Paragraph 1 of Article 1 of the Trademark Law shall be applied to reject it.

For example: Applicant: (Belgium) PAPERLOOPS.P.R.L.

(2) Same as or similar to the national flag and national emblem of China.

1. if the words, graphics or combination of trademarks are identical or similar to the names or patterns of China's national flag (five-star red flag) and national emblem, which is enough to make the public associate them with China's national flag and national emblem, it is judged to be identical or similar to China's national flag and national emblem.

for example, a trademark contains the word "military flag", except that it is obviously different from the military flag in pronunciation, meaning or appearance, so that it will not cause public misunderstanding.

for example: designated goods: wallets, suitcases.

2. if the words, graphics or their combination of a trademark are the same as or similar to the name and design of a Chinese medal, which is enough to make the public associate it with a specific medal, it is judged to be the same as or similar to a Chinese medal.

For example: (Medal of Independence and Freedom) (Medal of Liberation) (August 1st Medal)

(3) The name of a specific place where the central state organ is located or the name and figure of a landmark building are the same.

(4) identical with or similar to the name, national flag, national emblem and military flag of a foreign country. The names of countries in this article include full names, abbreviations and abbreviations in Chinese and foreign languages. Harmful to religious beliefs, religious feelings or folk beliefs. The religions in this standard include Buddhism, Taoism, Islam, Christianity, Catholicism, and different sects of the above religions. Folk beliefs in this standard mainly refer to Mazu and other folk beliefs.

1. A trademark is judged to be harmful to religious beliefs, religious feelings or folk beliefs in any of the following circumstances.

(1) Idol names, figures or their combinations of religious or folk beliefs

For example: (Buddhist idols) (Taoist idols) (folk beliefs)

(2) Names, figures or their combinations of places and places of religious activities

For example: (MECCA means "Mecca") (common Taoist names) <

2. A trademark shall not be judged as harmful to religious beliefs, religious feelings or folk beliefs under any of the following circumstances:

(1) According to Decree No.145 of the State Council in 1994, religious organizations or groups can set up self-supporting enterprises, and religious organizations and religious enterprises authorized by them apply for registration with the name of their own religious activities as a trademark on the premise that the interests of other religious activities will not be harmed.

(2) although the words or graphics of a trademark are related to religion or folk beliefs, the meaning of other meaning or its connection with religion has been generalized, which will not make the public associate it with a specific religion or folk beliefs.

For example: (Taiji is one of the symbols of Taoism)

(6) The names and symbols of all parties, government agencies, social organizations and other units or organizations in China are the same or similar

The parties in this article include the China * * * production party and eight political parties collectively referred to as democratic parties.

For example: (abbreviation of China Democratic National Construction Association) (similar to China's customs emblem) (same as the logo of China Consumers Association)

(7) The name is the same as the position of the party and government organs or the administrative position and title of the army in China. The party and government organs in this article include the organs of China * * * production party, the organs of people's congresses, and the organs of democratic parties ... If the applicant is a natural person, the address stated in the resident identity card or passport shall prevail; Where the applicant is a legal person or any other organization, the domicile stated in the business license shall prevail.

Part II Examination of Distinctive Features of Trademarks

Legal Basis

Article 11 of the Trademark Law, the following marks shall not be registered as trademarks:

If only the common name, figure and model of the goods are different, but the arrangement, combination or overall description are basically the same, which makes the overall appearance or meaning of the trademarks similar and easily leads the relevant public to misunderstand the source of the goods or services, a judgment shall be made.

Part III Examination of Stereo Trademarks

Legal Basis

Article 8 of the Trademark Law Any goods that can distinguish natural persons, legal persons or other organizations from those of others.

for example: designated use of goods: safety buckle

(2) only the shape of the goods needed to obtain technical effects. The shape of the goods needed to obtain technical effects refers to the fact that in order to make the goods have specific functions ... The three-dimensional logo in a three-dimensional trademark has obvious characteristics, but it is the same or similar to the part with obvious characteristics in the visual effect, which is easy to mislead the relevant public about the source of the goods or services, and it is judged as the same or similar trademark. Designated goods: clothing, shoes and hats Designated goods: clothing, shoes and hats

Part IV Examination of color combination trademarks

Legal basis

(1) Article 8 of the Trademark Law Anything that can distinguish the goods of natural persons, legal persons or other organizations from those of others.

For example, the designated commodity: mustard

Only the designated commodity itself or the common or commonly used color of packaging and service places.

For example, designated products: washing powder, laundry tablets, designated services: computer designated services: hairdressing designated products: integrated circuit cards, computing disks

(2) Examination of the identity and similarity of color combination trademarks

Examination of the identity and similarity of color combination trademarks includes examination of the identity and similarity between color combination trademarks and between color combination trademarks and plane trademarks and three-dimensional trademarks ... although the colors used are the same or similar.

Part V Examination of Collective Trademarks and Certification Trademarks

Legal Basis

Trademark Law Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks and ... The applicant's geographical scope of production of goods marked by geographical indications shall be confirmed in the certificate issued by the competent department of industry at or above the provincial level, and the geographical scope need not be completely consistent with the current administrative division name and scope of the region.

the production area can be defined in one of the following ways:

(1) the way of latitude and longitude;

(2) The geographical features in the natural environment, such as mountains and rivers, are the ways of boundaries;

(3) the way of map marking;

(4) other ways to clearly determine the production area.

Part VI Examination of Special Signs

Legal Basis

Regulations of the State Council on the Administration of Special Signs.

Procedure for requesting to declare the registration of special marks invalid. Under any of the following circumstances, any unit or individual may, during the period from the date of publication of the special sign announcement to its expiration, state the reasons and provide corresponding evidence to the administrative department for industry and commerce of the State Council, and request to declare the registration of the special sign invalid:

(1) It is identical with or similar to the special sign that has been applied for earlier;

(2) identical with or similar to a trademark that has been previously applied for registration or a registered trademark;

(3) identical with or similar to the design patent that has been applied for earlier or has been patented according to law.

(4) infringing the copyright of others.