Legal analysis: The main circumstances for handling trademark objections are: first, whether the trademark determined by preliminary examination violates the provisions of Articles 10 and 11 of the "Trademark Law" and whether it uses signs prohibited by the Trademark Law; secondly, , examine whether the identified trademark violates the provisions of Article 28 of the "Trademark Law" and whether it meets the statutory conditions; finally, whether the identified trademark violates the provisions of Article 31 of the "Trademark Law" and whether it infringes upon the prior trademark rights of others, Whether the trademark applied for registration is identical or similar to another person’s registered trademark on the same or similar goods or a preliminary approved trademark.
Legal basis: "Trademark Law"
Article 10 The following signs shall not be used as trademarks:
(1) Same as those of the People's Republic of China The name of the country, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. are the same or similar, and are the same as the name or logo of a 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 country 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 intergovernmental international The name, flag, emblem, etc. of the organization are the same or similar, except with the consent of the organization or if it is not likely to mislead the public;
(4) It is the same as the official mark or inspection mark indicating the implementation of control and guarantee, or Similar, except with authorization;
(5) The same or similar name or logo as "Red Cross" or "Red Crescent";
(6) With It is ethnically 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 society 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 11 The following signs shall not be registered as trademarks:
(1) Only the common name, graphics and model of the product;
(2) ) only directly expresses the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Other lack of distinctive features.
If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.
Article 28: For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If it complies with the relevant provisions of this Law, a preliminary review and announcement shall be made.
Article 31 If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the first applicant shall be preliminarily reviewed and announced. If the application is made on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced.