What signs should not be used as trademarks, and what principles should be followed in the use of trademarks?
Which signs should not be used as trademarks? The Trademark Law stipulates that the following signs 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, except as agreed by the government of that country; (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, unless authorized; (5) identical with or similar to the names and symbols of the Red Cross and Red Crescent; (six) with ethnic discrimination; (seven) exaggerated propaganda and deception; (eight) harmful to socialist morality or 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. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid. Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. A collective trademark refers to a sign registered in the name of a group, association or other organization and used by members of the organization in business activities to show the membership of users in the organization. A certification trademark 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. 2. However, if the following marks are not used to obtain obvious features and are easy to identify, they shall not be registered as trademarks: (1) Only the common name, figure and model of the goods; (two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (3) Lack of distinctive features. 3. It is forbidden to copy, imitate or translate other people's well-known trademarks that are not registered in China: a trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others that is not registered in China, which is likely to cause confusion, so it is not registered and prohibited to use. Where a trademark applied for registration on different or dissimilar goods 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. Second, what principles should be followed in the use of trademarks? 1, the principle of not misusing blindly. After the trademark is confirmed, it should be inquired before use to avoid infringing on the prior rights of others and other provisions of the law. 2. The popularity of the principle of not "chop and change" is gradually formed in the minds of consumers after long-term use. Frequent trademark changes will cause consumers to have a bad impression or even distrust of the brand, which is not conducive to the improvement of brand awareness. 3. It is speculation and unfair competition to imitate well-known trademarks and promote their own products by the influence of well-known trademarks without hitting the "edge ball" principle. Using the "edge ball" trademark is the best policy. 4. The registered trademark based on the principle of "no overdue service" is valid for ten years, and it is illegal to continue to use the expired trademark, so it is very important to renew it in time. Trademark use