Current location - Trademark Inquiry Complete Network - Trademark registration - Circumstances in which it is impossible to apply for trademark registration and conditions for applying for trademark registration
Circumstances in which it is impossible to apply for trademark registration and conditions for applying for trademark registration
The trademark cannot be used in the case of 1, which is the same as or similar to People's Republic of China (PRC)'s national name, national flag, national emblem, national anthem, military flag, military emblem, military song and medal, and is the same as the name and logo of the central state organ, the name of the specific place where it is located or the name and graphics of the landmark building; 2. It is identical with or similar to the name, national flag, national emblem and military flag of a foreign country, except with the consent of the government of that country; 3. It is identical with or similar to the name, flag and emblem of an intergovernmental international organization, except that it is recognized by the organization or is not easy to mislead the public; 4. It is identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized; 5, and the name and logo of the Red Cross and Red Crescent are the same or similar; 6. Ethnic discrimination; 7, deceptive, easy to make the public misunderstand the quality of goods and other characteristics or origin; 8, harmful to socialist morality or have 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.

A trademark applying for registration shall meet the following conditions: 1. A trademark applied for registration must have legal elements, that is, words, graphics or their combination, otherwise it cannot be used as a trademark. 2. The characters, figures or their combinations used in trademarks should have distinctive features and be easy to identify. Among them, significance means that it should have its obvious characteristics. 3. The trademark applied for registration shall not use words or graphics prohibited by law. 4. The trademark applied for registration shall not be revoked or cancelled.

Legal basis:

Article 11 of the Trademark Law of People's Republic of China (PRC) The following trademarks shall not be registered as trademarks:

(a) only refers to the common name, figure and model of the commodity;

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

(three) other lack of distinctive features.