Xiaokang answers for you:

According to Article 1 of the Trademark Law? The following signs shall not be used as trademarks:

Paragraph 1

(1) identical with or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military song and medal of the People's Republic of China, and identical with the name, logo, name of a specific place where it is located or the name and figure of a landmark building;

(2) 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) identical with or similar to the name, flag, emblem, etc. of an intergovernmental international organization, unless it is approved by the organization or is not easy to mislead 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 the Red Crescent;

(6) having ethnic discrimination;

(7) deceptive, which easily leads the public to misunderstand the quality and other characteristics of the goods or the place of origin;

(8) It is harmful to socialist morality or has other adverse effects.

Paragraph 2

Geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks. However, unless the place names have other meaning or are part of collective trademarks or certification trademarks; Registered trademarks using geographical names shall remain valid.

In short, the first paragraph of Article 1 says which marks cannot be used as trademarks, and the second paragraph says that the use of place names as trademarks is prohibited. The rapid response of the market forces many enterprises to put the trademark into the market before it is approved for registration. However, if the trademark belongs to the prohibition of use stipulated in the first paragraph of Article 1 of the Trademark Law, we have to remind you that such a trademark can not only be registered, but also can not be used in the market. If it is used, according to the provisions of Article 52 of the Trademark Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it. If the illegal business amount is more than 5, yuan, a fine of less than 2% of the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 5, yuan, a fine of less than 1, yuan may be imposed. The special action mentioned at the beginning of the article was carried out in accordance with the provisions of this law.

Items (1), (2), (3), (4), (5) and (2) of the first paragraph of Article 1 are relatively clear, so the applicant can strictly abide by them, so I won't repeat them here. Today, we will give examples to talk about items 7 and 8 of the first paragraph.

Article 1, Paragraph 1, Item 7 says that it is deceptive and easy for the public to misunderstand the quality and other characteristics of the goods or the place of origin, so what kind of trademarks are deceptive and easy for the public to misunderstand the characteristics of the goods?

Finally, to sum up the provisions in Item 7 of Paragraph 1 of Article 1: a trademark contains (please note that it contains) words indicating the quality, quality, weight, quantity, raw materials, place of origin, technology, function, use, consumer groups, etc. of the goods, and the use of this word is likely to mislead the public about the characteristics of the goods, and the trademark contains the enterprise name, which is substantially different from the name of the applicant.

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