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Relatively prohibited

Legal analysis: The relative prohibition condition for trademark registration means that the trademark applied for registration must not damage the prior rights and interests of others. According to the Trademark Law, if a trademark registration does not meet the relative conditions, the principle of review on request shall be adopted in principle, that is, except for the case where the trademark applied for registration is the same as or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods. , as for other relative conditions, the Trademark Office shall not examine them ex officio.

Legal basis: "Trademark Law of the People's Republic of China"

Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not be the same as that of others. conflict with acquired legal rights.

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;

< p>(5) The same or similar names or symbols as the "Red Cross" or "Red Crescent";

(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.