Current location - Trademark Inquiry Complete Network - Trademark registration - How to judge the public interest of trademark infringement?
How to judge the public interest of trademark infringement?
Identification of public interest in trademark infringement: it is harmful to socialist morality or has other adverse effects, and it is the same as or similar to the "Red Cross" symbol, which can be regarded as the embodiment of infringement of public interest. The identification of infringement of public interests is mainly based on infringement of public communication, public order and public morality related to public interests.

legal ground

Article 10 of the Trademark Law of People's Republic of China (PRC) shall not be used as a trademark: (5) The names and symbols of the Red Cross and the Red Crescent are identical or similar; (six) with ethnic discrimination; (seven) deceptive, easy to make the public misunderstand the quality or origin of goods; (eight) harmful to socialist morality or 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, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.