The first part shall not be used as a mark of a trademark.
legal ground
Article 10 The following marks shall not be used as trademarks:
(1) identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC). The meaning, pronunciation or appearance of a trademark is similar to our country's name, which is easy to make the public mistake it for our country's name. If the applicant is a foreigner or a foreign enterprise, and the judgment is likely to mislead the public and have adverse effects, the provisions of Item (8) of Paragraph 1 of Article 10 of the Trademark Law shall apply to reject it.
For example: Applicant: (Belgium) PAPERLOOPS. public relations
(2) identical with or similar to the national flag or emblem of China.
1. If the words, graphics or combination of a trademark are the same as or similar to the names or patterns of China's national flag (five-star red flag) and national emblem, which is enough to make the public associate it with China's national flag and national emblem, it is judged to be the same as or similar to China's national flag and national emblem.
For example, a trademark contains the words "military flag", but it is obviously different from the military flag in pronunciation, meaning or appearance, so that it will not cause public misunderstanding.
For example: designated goods: wallets, suitcases.
2. If the words, figures or combinations of trademarks are the same as or similar to the names and designs of China medals, which are enough to remind the public of a particular medal, they shall be judged to be the same as or similar to China medals.
For example: (Medal of Independence and Freedom) (Medal of Liberation) (Medal of August 1st)
(3) It is identical with the name and figure of the location of the central state organ or the landmark building.
(4) identical with or similar to the name, national flag, national emblem or military flag of a foreign country. Country names in this paper include full names, abbreviations and abbreviations in Chinese and foreign languages. Harmful to religious beliefs, religious feelings or folk beliefs. The religions in this standard include Buddhism, Taoism, Islam, Christianity, Catholicism and different sects of the above religions. Folk beliefs in this standard mainly refer to Mazu and other folk beliefs.
1. A trademark is judged to be harmful to religious beliefs, religious feelings or folk beliefs in any of the following circumstances.
(1) Idol names, figures or their combinations of religious or folk beliefs
For example: (Buddhist idols) (Taoist idols) (folk beliefs)
(2) the name, figure or combination of the place for religious activities.
For example: (Mecca means "Mecca") (a common Taoist name)
(3) religious sects, scriptures, expressions, rituals and customs, as well as the names and images of religious figures.
2. A trademark shall not be judged harmful to religious belief, religious feelings or folk beliefs in any of the following circumstances:
(1) According to the State Council 1994, religious organizations or groups can run their own enterprises, and religious organizations and their authorized religious enterprises can apply for registration with the name of this religious activity place as a trademark without harming the interests of other religious activity places.
(2) Although the words or graphics of a trademark are related to religion or folk beliefs, the meaning of other meaning or religion has been generalized, which will not make the public associate it with a particular religion or folk beliefs.
Tai Chi is one of the symbols of Taoism.
(six) the same as or similar to the name and logo of all parties, government agencies, social organizations and other units or organizations in China.
The political parties in this paper include China Producers' Party and eight political parties, collectively known as democratic parties.
For example: (the abbreviation of China Democratic National Construction Association) (similar to the customs emblem of China) (the same as the logo of China Consumers Association)
(7) Having the same title as that of the party and government organs or the military administrative posts and titles in China. The party and government organs in this article include the organs of the China Party, the organs of the people's congresses and the organs of democratic parties ... If the applicant is a natural person, the address stated in the resident identity card or passport shall prevail; If the applicant is a legal person or other organization, the domicile stated in the business license shall prevail.
The second part is a review of the distinctive features of trademarks.
legal ground
Article 11 of the Trademark Law The following marks shall not be registered as trademarks:
It's just that the common name, figure and model of the commodity are different in words and figures, but the arrangement, combination and overall description are basically the same, which makes the overall appearance or meaning of the trademark similar, and it is easy for the relevant public to misunderstand the source of the commodity or service, so it is judged as an approximate trademark.
The third part is the examination of three-dimensional trademarks.
legal ground
Article 8 of the Trademark Law Any commodity that can distinguish the commodities of natural persons, legal persons or other organizations from those of others.
For example: designated goods: safety buckle
(two) only the shape of the goods needed to obtain the technical effect. The shape of goods needed to obtain technical effects refers to the fact that in order to make goods have specific functions ... The three-dimensional logo in a three-dimensional trademark has obvious characteristics, but it is the same or similar to the part with obvious characteristics in visual effect, which is easy to mislead the relevant public about the source of goods or services and is judged as the same or similar trademark. Designated commodities: clothing, shoes and hats Designated commodities: clothing, shoes and hats.
The fourth part is the examination of color combination trademarks.
legal ground
(1) Article 8 of the Trademark Law. Anything that can distinguish the commodities of natural persons, legal persons or other organizations from those of others.
For example: designated commodity: mustard
Only specify the colors that are common or commonly used in the commodity itself or in the packaging and service places.
For example: designated products: washing powder, washing tablets, designated services: computer designated services: hairdressing designated products: integrated circuit cards, computing disks.
(2) Examination of trademarks with the same or similar color combinations.
The identity and similarity review of color combination trademarks includes the identity and similarity review between color combination trademarks and between color combination trademarks and plane trademarks and three-dimensional trademarks ... Although the colors used are the same or similar, the overall effect is quite different, except that the relevant public will not misunderstand the source of goods or services.
Part V Examination of Collective Trademarks and Certification Trademarks
legal ground
Article 3 of the Trademark Law Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks and ... The applicant shall confirm the geographical scope of production of goods marked by geographical indications in the certificate issued by the competent department of industry at or above the provincial level, which need not be completely consistent with the name and scope of the current administrative division in this area.
The geographical scope of production can be defined in one of the following ways:
(1) latitude and longitude;
(2) Geographical features such as mountains and rivers in the natural environment are the way to divide;
(3) the way of map marking;
(4) other ways to clearly determine the production area.
Part VI Examination of Special Signs
legal ground
Regulations of the State Council Municipality on the Administration of Special Signs.
Procedures for requesting the invalidation of special trademark registration. Under any of the following circumstances, any unit or individual may state the reasons and provide corresponding evidence to the administrative department for industry and commerce of the State Council, and request to declare the registration of special signs invalid from the date of announcement of special signs to the expiration of the validity period:
(1) identical with or similar to the special sign that has been applied for;
(2) identical with or similar to the trademark or registered trademark that has been applied for registration;
(3) identical with or similar to the patent for design that has been applied for or obtained the patent right according to law.
(4) Infringing the copyright of others.