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Which signs are prohibited from being used as trademarks?

Legal analysis: 1. Signs with ethnic discriminatory nature cannot be used as trademarks. Because such signs violate our country's ethnic policies and are not conducive to the unity and coexistence of all ethnic groups.

The ethnically discriminatory signs referred to here refer to trademark components such as words, graphics, etc. that vilify, belittle, or otherwise treat a specific ethnic group unequally.

The judgment of whether a certain sign is ethnically discriminatory often needs to be judged in conjunction with specific goods or services. For example, registering the full name or abbreviation of a certain ethnic group on products such as toilets or sanitary napkins will obviously send an unfriendly message, but if it is used on clothing products, it will no longer be regarded as ethnic discrimination. .

2. Signs that are deceptive and may easily cause the public to misunderstand the quality, quality and other characteristics or origin of the goods cannot be used as trademarks. If a mark describes the quality and other characteristics of goods or services beyond its own context, such as using the words "top quality", "first", and "super value" as trademark components on goods, it will often cause The public makes untrue judgments and misleads the public. At the same time, this kind of publicity is unfair to merchants who produce the same or similar products.

3. Signs that are harmful to socialist morals or have other adverse effects cannot be used as trademarks. This item is a blanket provision. Any mark contains trademark elements that will have a negative impact on my country's political, economic, cultural, religious, ethnic, moral and other social public interests and public order; or may cause consumers to have negative effects on the trademark. Misleading factors such as product quantity, quality, price, model and other characteristics and sources can all be included in this category.

4. Generally speaking, 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. There are two main reasons why such signs cannot be used as trademarks:

(1) The use of place names on goods may cause consumers to think that the goods are produced in that area, but in fact the goods are not from In this region, at this time, using place names as trademarks is suspected of misleading and deceiving consumers;

(2) Even if a product does come from a certain region, the products from that region can be used Using place names as trademarks objectively causes consumers to be unable to distinguish the source of goods and loses the basic function of trademarks. Therefore, generally such place names cannot be used as trademarks.

5. Any misleading use of a geographical indication is prohibited from being used as a trademark. According to the provisions of my country's Trademark Law: If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark, and it misleads the public, it shall not be registered and its use shall be prohibited. However, registration that has been obtained in good faith continues to be valid.

Legal basis: "Trademark Law of the People's Republic of China" Article 8 Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters , numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.