The application for a trademark with the same pronunciation but different words and different meanings cannot be successful.

1. Trademark characteristics

1. A trademark is a mark used on goods or services. It cannot be separated from the goods or services and is attached to the goods or services.

2. A trademark is a sign that distinguishes the goods or services of others. It has a particularly distinctive distinguishing function and is easy for consumers to identify. The composition of a trademark is an artistic creation.

3. A trademark is a visual mark composed of words, graphics, letters, numbers, three-dimensional signs, colors and sounds, as well as combinations of the above elements.

4． Trademarks are exclusive. The purpose of using a trademark is to distinguish the goods or services from others and facilitate consumer identification. Therefore, the owner of a registered trademark has exclusive rights to his trademark and is protected by law. No one may use a trademark that is identical or similar to the registered trademark without the permission of the trademark owner. Otherwise, it will constitute an infringement of the registered trademark. The owner of the right shall bear the corresponding legal liability for the exclusive right to use the trademark.

II. Trademark Law (Key Points)

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify and shall not conflict with the legal rights previously obtained by others.

The trademark registrant has the right to indicate "registered trademark" or registered mark.

Article 10 The following signs shall not be used as trademarks:

(1) The same as the country name, national flag, national emblem, national anthem, military flag, military emblem, military The same or similar songs, medals, etc., as well as the names and logos of central state agencies, the names of specific places where they are located, or the names and graphics of landmark buildings;

(2) Same as those of foreign countries; The name, national flag, national emblem, military flag, etc. are the same or similar, except with the consent of the government of the country;

(3) The name, flag, emblem, etc. of the intergovernmental international organization are the same or similar, but Except with the consent of the organization or if it is not likely to mislead the public;

(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for those authorized;

(6) Ethnic discriminatory;

( 7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its place of origin;

(8) It is harmful to socialist morals or has other adverse effects.

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. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Article 11 The following signs shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

(2) ) only directly expresses the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other lack of distinctive features.

If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.

Article 12 When applying for a registered trademark with a three-dimensional mark, a shape that is solely caused by the nature of the goods themselves, a shape of the goods that is necessary to obtain technical effects, or a shape that makes the goods of substantial value shall not be used. register.

Article 13 If the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, he may apply for well-known trademark protection in accordance with the provisions of this Law.

If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited.

If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.

Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases.

The following factors should be considered in determining a well-known trademark:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) The record of the trademark being protected as a well-known trademark;

(5) The Other factors that make a trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make a well-known trademark The situation is determined.

During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. .

Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

Article 15 Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name, and if the principal or represented person raises an objection, the registration shall not be Registration and use prohibited.

The trademark applied for registration for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with the other person other than those specified in the preceding paragraph. If the trademark of another person is known to exist and the other person raises an objection, the trademark shall not be registered.

If the holder of a trademark that is well-known to the relevant public according to Article 13 of the Trademark Law of the People's Republic of China believes that his or her rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this law. .

If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited.

Therefore, if a trademark has the same pronunciation but different words but different meanings, the application cannot be successful.