According to the information of China Trademark Network, until 20 16, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce rejected the trademark of Maotai State Banquet twice and five times. On 20 16, maotai group brought the trademark review and adjudication board to Beijing intellectual property court. After nearly three years of trial, the Beijing Intellectual Property Court made a judgment and rejected the prosecution of Maotai Group.
Recently, the Beijing Court Trial Information Network published this first-instance judgment. The reason why the trademark of Maotai Liquor-"Maotai State Banquet" is not registered is very simple, which violates the provisions of Item (7) and Item (8) of Paragraph 1 of Article 10 of the Trademark Law:
Signs that are deceptive and easy to mislead the public about the quality and other characteristics of goods or the place of origin shall not be used as trademarks;
Harmful to socialist morality or having 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.
What are the characters and graphics that are forbidden to be used as trademarks in China's Trademark Law?
(a) the same or similar words and graphics as the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC);
(2) Words and figures identical with or similar to foreign names, national flags, national emblems and military flags;
(3) Words and figures with the same or similar names as the flags, emblems and names of intergovernmental international organizations;
Words and graphics identical with or similar to the symbols and names of the Red Cross and Red Crescent;
(5) the common name and figure of the product;
⑥ Words and figures directly indicating the characteristics of commodity quality, main raw materials, functions, uses, weight and quantity;
⑦ Words and graphics with ethnic discrimination;
8. Exaggerated and deceptive words and graphics;
Pet-name ruby words and graphics that are harmful to socialist morality or have other adverse effects;
Attending the names of administrative divisions at or above the county level or foreign names known to the public. However, unless the place name has other meaning, the registered trademark using the place name will remain valid.
Maotai trademark liquor trademark