Famous trademarks in the international market are often registered in many countries. There are "registered trademarks" and "unregistered trademarks" in China. Registered trademarks are trademarks protected by law after being registered by relevant government departments, while unregistered trademarks are not protected by trademark law.
Trademark is a sign used to distinguish one operator's brand or service from other operators' goods or services. China's Trademark Law stipulates that trademarks approved and registered by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks, enjoy the exclusive right to use trademarks and are protected by law. If it is a well-known trademark, it will be protected by cross-category laws.
Official website's answer from the World Intellectual Property Organization (WIPO): A trademark is a distinctive sign that a specific individual or enterprise produces or provides goods or services.
The origin of trademarks can be traced back to ancient times, when craftsmen printed their signatures or "marks" on their works of art or practical products. With the passage of time, these marks have evolved into today's trademark registration and protection system. This system helps consumers identify and buy a product or service, because the nature and quality of the product or service indicated by the unique trademark on the product or service meet their needs.
According to the Trademark Law of People's Republic of China (PRC) (revised 20 13), signs (including words, figures, letters, numbers, sounds, three-dimensional signs and color combinations, and combinations of the above elements) that can distinguish their own goods or services from those of others.
Extended data prohibition clause
1. The Trademark Law stipulates that 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), and identical with the names and graphics of specific place names or landmark buildings where the central state organs are located;
(2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except as agreed by the government of that country;
(3) identical with or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easily misleading 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 Red Crescent;
(six) with ethnic discrimination;
(seven) exaggerated propaganda and deception;
(eight) harmful to socialist morality or other adverse effects.
Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.
Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
A collective trademark refers to a sign registered in the name of a group, association or other organization and used by members of the organization in business activities to show the membership of users in the organization.
A certification trademark refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
2. The following signs shall not be registered as trademarks:
(a) only refers to the common name, figure and model of the commodity;
(2) directly indicating only the quality, main raw materials, functions, uses, weight, quantity and other characteristics of commodities;
(three) other lack of distinctive features.
A trademark listed in the preceding paragraph may be registered as a trademark if it has obvious characteristics and is easy to identify after use.
3. It is forbidden to copy, imitate or translate other people's well-known trademarks:
A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is not registered in China. It is easy to cause confusion, so it is not registered and prohibited to be used.
Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
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