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Article 10, Paragraph 1, Item 7 of the Trademark Law

Article 10, Paragraph 1, Item 7 of the "Trademark Law" stipulates: "Things that are deceptive and likely to cause the public to misunderstand the quality and other characteristics of the goods or their origin" shall not be used as trademarks. The "Trademark Examination and Trial Standards" clearly states: "Deceptiveness in this article means that a trademark makes representations about the quality and other characteristics or origin of the designated goods or services that exceed the inherent degree or are inconsistent with the facts, which is likely to confuse the public. Wrong understanding of the quality and other characteristics or origin of goods or services." The author believes that the core of this clause should be "misrecognition", that is, misrecognition of the quality and other characteristics of goods or services, and the place of origin, or there is a certain relationship between the goods or services and a specific subject, which leads to misrecognition. The author mainly analyzes the view that "goods or services have a certain relationship with a specific subject, thus causing misunderstanding". The subject mentioned by the author is a specific subject, not a general civil subject. If it only infringes on the rights of general civil subjects, it is usually adjusted through relative provisions such as Article 30 or Article 32 of the Trademark Law. The specific subjects that the author refers to are specifically "Wuhou Temple", "Du Fu Thatched Cottage", "Xu Dachun" (a famous doctor in the Qing Dynasty) and other subjects that have a certain reputation among the general public or have a certain reputation in a specific field, but they cannot be "Old Summer Palace", "Thunder God Mountain", "Confucius" and other subjects that are of great significance to my country's history, politics, economy, culture, etc., because this situation usually applies to Article 10, Paragraph 1, Item 8 of the "Trademark Law" : "harmful to socialist morals or have other adverse effects." In the trademark objection case No. 32555229 "Wuhou Temple", the Trademark Office held that: "Chengdu's Wuhou Temple' is one of the first batch of key cultural relics protection units in the country, a national first-level museum, and a national Three Kingdoms Culture Research Center. It has certain As for the influential cultural relics of the Three Kingdoms, the objected person is another individual, and the registration and use of the objected trademark may easily cause the relevant public to associate the objected person with the 'Wuhou Temple', thereby misunderstanding the quality of the goods and other characteristics." Judging from the review by the Trademark Office, for specific entities such as "Wuhou Temple" that have always been well-known and influential, it usually causes the relevant public to misunderstand the provider of goods or services, which in turn leads to misunderstandings about quality and other characteristics. cause misunderstanding. "There is a certain relationship between goods or services and specific subjects, thus causing misunderstanding" often cannot cause the relevant public to misunderstand from the words themselves, such as: "national wine", "top quality", "Western Guangdong organic", but need to be related to Certain subjects are associated, leading to misrecognition. This requires that the specific subject has a certain degree of popularity and influence. It should be noted that the specific subject needs to be related to public interests. If it is just such as "Alibaba", "Tencent" and "Baidu", it has certain This clause does not apply to the popularity and influence of the company.