The State Council Administration for Industry and Commerce has set up a Trademark Review and Adjudication Board to handle trademark disputes. Article 3 Acquisition and Protection of the Exclusive Right to Use Trademarks Trademarks are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization.
The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council. Article 4 If a natural person, legal person or other organization applying for trademark registration needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes, it shall apply to the Trademark Office for trademark registration of goods.
Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it shall apply to the Trademark Office for registration of a service trademark.
The provisions of this Law on commodity trademarks shall apply to service trademarks. Article 5 * * A natural person, legal person or other organization that has filed two or more applications may * * * apply to the Trademark Office for registration of the same trademark, and both parties shall enjoy and exercise the exclusive right to use the trademark. Article 6 Where a compulsory registered commodity requires a registered trademark as stipulated by the State, it must apply for trademark registration. Without approval and registration, it may not be sold in the market. Article 7 Quality management of commodities using trademarks. The trademark user shall be responsible for the quality of the goods using the trademark. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management. Article 8 Visible signs that can be used as trademarks Any visible signs that can distinguish the commodities of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional signs and color combinations, and combinations of the above elements, may apply for registration as trademarks. Article 9 Composition of Trademarks A trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.
Trademark registrants have the right to indicate "registered trademarks" or registration marks. Article 10 Words and graphics prohibited from being used as trademarks shall not be used as trademarks:
(1) identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), and identical with the names and graphics of specific place names or landmark buildings where the central state organs are located;
(2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except as agreed by the government of that country;
(3) identical with or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easily misleading the public;
(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;
(5) identical with or similar to the names and symbols of the Red Cross and Red Crescent;
(six) with ethnic discrimination;
(seven) exaggerated propaganda and deception;
(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. Article 11 Marks prohibited from being used as trademarks The following marks shall not be registered as trademarks:
(a) only refers to the common name, figure and model of the commodity;
(two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Lack of distinctive features.
A trademark listed in the preceding paragraph may be registered as a trademark if it has obvious characteristics and is easy to identify after use. Article 12 A trademark that is prohibited from applying for registration by using a three-dimensional mark as the product feature of the trademark shall not be registered, except for the shape produced by the nature of the commodity itself, the shape of the commodity needed to obtain technical effect or the shape that makes the commodity have substantial value. Article 13 It is forbidden to copy, imitate or translate other people's well-known trademarks. A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others but not registered in China. If it is easy to cause confusion, it will not be registered and it is prohibited to use it.
Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.