Q: In order to ensure the source of raw materials for our products, can our company apply for a registered certification trademark for the raw materials of our products? Will it be approved?
Answer: Juntong Legal Online Consulting will give you the answer
Which trademarks can be applied for registration?
Article 9 of the "Trademark Law" stipulates: "The trademark applied for registration shall have distinctive features and be easy to identify." The requirement that a trademark must have distinctive features is determined by the identification function of the trademark. When a trademark is used in the market, it should be obvious to consumers that it is a trademark rather than decoration or description. Therefore, having distinctive features and being easy to identify are necessary conditions that a trademark should have.
In addition to being distinctive, in accordance with Articles 10 and 11 of the Trademark Law, the following words and graphics may not be used in trademarks:
(1) Same as the People's Republic of China* **If the name, national flag, national emblem, military flag, or medal is the same as or similar to that of the country, it shall not be used as a trademark.
(2) If it is the same as or similar to the name, national flag, national emblem or military flag of a foreign country, it shall not be used as a trademark. 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.
(4) Is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee. Except with authorization.
(5) The same or similar logo or name as the "Red Cross" or "Red Crescent".
(6) The common name and graphics of this product.
The common name of this product refers to the name of a certain type of product that is commonly used within a certain range. Common names and graphics of goods are prohibited from being trademarks of this product, on the one hand because they cannot distinguish different operators and are not distinctive; on the other hand, they are to prevent generic names and graphics from being unfairly monopolized by exclusives.
However, if such a name or figure is combined with a distinctive mark and applied for registration, it can be approved.
(7) Directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.
Words or graphics that directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of goods or services are descriptive words or graphics commonly used by operators on their goods or services. Graphics belong to the category of personal use and exclusive monopoly should be prohibited. If the words or graphics of a trademark indirectly describe or merely imply the quality and other characteristics of the goods or services used, or if other parts of the trademark are distinctive, registration can be approved.
(8) Ethnically discriminatory.
(9) Exaggerated and deceptive propaganda.
If the text, graphics or combination of trademarks exaggerates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods or services used, and is deceptive, it shall not be used as a trademark. . However, exaggeration without deception shall not be subject to this restriction.
(10) Harmful to socialist morals or have other adverse effects.
Anything that violates social public interests, public order, and socialist moral concepts is prohibited by this clause.
(11) 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, except where the place names have other meanings or are part of collective trademarks or certification marks.
Trademarks with geographical names are easily considered to indicate that goods and services originate from a certain place. They lack the function of distinguishing different operators and are not suitable for monopoly by one company. Therefore, it is an international practice to prohibit place names from being used as trademarks.
In addition to the above, the Trademark Law also requires that the trademark applied for registration shall not infringe the prior rights of others, such as copyright, design patent rights, etc., and shall not plagiarize or imitate other people's well-known trademarks.