1. The Trademark Law stipulates that the following signs shall not be used as trademarks:
(1) The same as the country name, national flag, national emblem, military flag, and medals of the People's Republic of China Or similar, and 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) 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 that 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;
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(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
(5) Same as "Red Cross", "Red Cross" and "Red Cross" The name and logo of "Crescent Moon" are the same or similar;
(6) It is ethnically discriminatory;
(7) It is exaggerated and deceptive;
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(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.
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. (1) Principles for formulating trademark names
When naming a trademark, in addition to complying with the legal requirements for trademark naming, the following principles should also be followed:
1. Easy to recognize, easy to read, easy to understand, easy to remember, and easy to write
The name of the trademark must first be clear and concise; the words should be easy to understand, and do not use obscure, obscure words; the words should be used to the best of your ability. The strokes should be simple and easy to write and print. Do not use ancient or obsolete characters with complicated strokes that are difficult to identify or have been eliminated. The pronunciation should be loud and smooth, with a sense of music and beauty, and avoid censorship and flatness. In addition, the characters of the name should also be used. Not too long.
2. Grasp the characteristics and highlight the key points
The trademark name is very short and can only show the characteristics of a certain aspect of the product, so it is necessary to grasp the characteristics and highlight the key points.
This kind of prominence may focus on displaying identity, such as "Kweichow Moutai"; or focusing on displaying technology, such as "Ancient Han Health Essence"; or focusing on displaying materials, such as "Liangmianzhen Toothpaste"; or focusing on displaying value. , such as "Diamond Electric Fan"; or focus on displaying functions, such as "Bai Li Brand Soap"; or outline the image, such as "Little White Rabbit Toothpaste"; or express interest, such as "Xiyingmen Towel Quilt"; or show style, such as "Princess Brand Piano"; or express the product category, such as "Kendji Organic Rice"; etc.
3. Name and reality should be integrated to avoid self-contradiction
The name should reflect a certain feature of the product from a certain aspect. This feature should have a certain connection with the product and should not be inconsistent with the name of the product. or damage the image of the product. For example, the "Black Panther" brand agricultural vehicle, "Black Panther" shows the power of the vehicle, and the "Chrysanthemum" of the "Chrysanthemum" fan gives people a sense of coolness. The combination of name and reality is reasonable.
4. The psychology of the consumer must be taken into consideration
Commodities have a certain consumer target, and the psychology of the consumer must be considered when naming in order to win the market. For example, children's products must consider children's psychology: so there are Little Angel shoes, White Rabbit toffee, and Wahaha fruit milk. Health care products for the elderly should consider the psychology of the elderly: so there are Baile Chinese patent medicines, Laolaifu oral liquid, and Ruyi brand crutches. Cosmetics are mainly consumed by young women, so the brand names are fashionable and Western-style: Aoqi, Yaqian, Head and Shoulders, Lihua Sibao, and Golden Ballet. High-end consumer goods are aimed at the characteristics that buyers should choose carefully, using trademark names to show that the goods are valuable, sophisticated, durable and advanced, such as Strauss pianos, Sapphire watches, etc.
5. The name should be aesthetic and meaningful
The so-called aesthetic means that the name has a vivid image and can make people have beautiful associations. Such as: Tulip brand wallpaper, Penguin brand sweaters, Lotus brand MSG.
Meaningful means that the name can contain more information. For example, "Zhongyi" not only indicates that the product has introduced Italian technology, but also tells people that the product is satisfactory. "Lao Lai Fu" not only means "Lao Lai Fu" in Chinese, but also has a homophonic sound with the English word "LONGLIFE" (longevity).
(2) How to formulate a trademark name
1. Introducing the descriptive formula
This is one of the most commonly used methods. The terms used in this method are plain and popular. Some introduce the place of origin, such as Shanghai, Qingdao, and Tianjin; some introduce the effects, such as: divine power, Yishili, forever, Yongfang, Jianmin, and Ruyi.
2. Metaphorical
The characteristic of this method is that the name is a metaphor, which refers to a certain aspect of the product, such as: the name of the TV, "Changhong" means brilliant, "peony" means bright, "peacock" "The metaphor is colorful.
3. Implication
The characteristic of this method is that although the name is not a metaphor, it can vaguely reveal more other information. For example, "Huari" implies the Japanese technology of the product, "aerospace" implies cutting-edge technology, "manly" cigarettes imply a certain style standard and value orientation, and Yuyang brand blanket implies the materials used in the blanket.
4. Symbolic
The characteristic of this method is that the name can give people rich associations. For example, the "Great Wall" symbolizes a creative spirit, and the "Yellow River" symbolizes the antiquity of the Chinese nation. These are relatively concrete symbols. Some are more abstract, such as "double ring" and "triangle", which can only be left to consumers to freely associate and have different opinions.
5. Authoritative style
The characteristic of authoritative style is naming with authority. Or borrow celebrities, such as "Li Ning Brand", "Xinghai Brand" or self-proclaimed authority, such as "Tianwang Brand", "Bawang Brand". 6. Wish style
The characteristic of wish style is that the name has an auspicious and festive color. Such as "beautiful", "dafa", "xiyingmen", "double happiness" and so on.
There are many naming methods. Here is a rough list of the most commonly used ones. The specific application must be handled flexibly according to the actual situation.