"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. 4. Paragraphs 1 and 2 of Article 4 are amended as follows: "If a natural person, legal person or other organization 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 the registration of a commodity trademark.
Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for services provided, it shall apply to the Trademark Office for registration of service trademarks, and one article shall be added as Article 5: "Two or more natural persons, legal persons or other organizations 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." 6. Article 6 is renumbered as Article 7 and amended as: "Trademark users shall be responsible for the quality of the goods in which they use trademarks. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management. " 7. Article 7 is renumbered as Article 8 and amended as: "Any visible sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, figures, letters, figures, three-dimensional signs and color combinations, and the combination of the above elements, may apply for registration as a trademark." 8. One article is added as Article 9: "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." 9. Article 8 is changed to Article 10 and amended as: "The following marks 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, unless the government of that country agrees;
"(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, except those authorized;
"(5) identical with or similar to the names and symbols of the Red Cross and the Red Crescent;
"(six) with ethnic discrimination;
"(7) exaggerating propaganda and deception;
"(eight) harmful to socialist morality or other adverse effects.
"The names of administrative divisions at or above the county level or foreign names 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 continue to be valid. " One article is added as Article 11: "The following marks shall not be registered as trademarks:
"(a) only refers to the common name, figure and model of the commodity;
"(2) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of a commodity;
"(3) lacking distinctive features.
A trademark listed in the preceding paragraph can be registered as a trademark 1 1. if it has obvious features and is easy to identify after use, and one article is added as Article 12: "Where an application for registration of a trademark is made with a three-dimensional mark, only the shape produced by the nature of the commodity itself, the shape of the commodity necessary for obtaining technical effects or the shape that makes the commodity have substantial value shall not be registered." 12. One article is added as Article 13: "A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is likely to cause confusion, so it shall not be registered and prohibited from being used.
Where a trademark applied for registration on different commodities or similar commodities 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.