The business scope of Class 16 trademarks includes paper, cardboard and their products, printed matter, binding supplies, photographs, stationery supplies, stationery or household adhesives, art supplies, paintbrushes, and typewriters that do not fall into other categories. and office supplies (except furniture), educational or teaching supplies (except instruments), plastic articles for packaging (not included in other categories), printing type, and printing plates.
The registration of Class 16 trademarks needs to meet the following conditions:
1. It should have legal constituent elements;
2. The trademark should have distinctive features;
3. Shall not infringe the prior rights or legitimate interests of others;
4. Shall not violate the provisions of the Trademark Law prohibiting the registration or use of certain marks.
Article 10 of the "Trademark Law of the People's Republic of China" The following signs shall not be used as trademarks:
(1) The same as the country name, The national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. are the same or similar, as well as the name or logo of the central state agency, the name of a specific location where it is located, or the name or graphics of a landmark building;
(2) Identical or similar to the name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;
(3) Same as the name of an intergovernmental international organization , flags, emblems, etc. are the same or similar, 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 those authorized;
(5) Names or symbols that are the same as or similar to the "Red Cross" or "Red Crescent";
(6) Ethnic discrimination Sexual;
(7) Deceptive and likely to cause the public to misunderstand the quality and other characteristics of the goods or the place of origin;
(8) Harmful to socialist morals Or have 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 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.