Trademark law has a wide scope of protection for trademark names. The names of animals and plants are common names. If a trademark is registered, only the trademark holder is allowed to use it, which is unreasonable. In addition, there are other prohibitions in trademark law.
Prohibited Terms
1. The Trademark Law stipulates that the following signs shall not be used as trademarks:
(1) The same as the name of the country of the People’s Republic of China , the same or similar national flag, national emblem, military flag, medal, or the same name as the name of a specific place where the central state agency is located or the name or figure of a landmark building;
(2) The name of a foreign country , the national flag, national emblem, or military flag are the same or similar, except with the consent of the government of that country;
(3) The name, flag, or emblem of an intergovernmental international organization is the same as or similar, except with the consent of the organization Or are not likely to mislead the public;
(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
(5) ) are the same as or similar to the names and symbols of the Red Cross and Red Crescent;
(6) Ethnic discriminatory;
(7) Exaggerated propaganda And deceptive;
(8) Harmful to 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.
The picture is beautiful. Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
A collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
A certification mark is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. origin, raw materials, manufacturing methods, quality or other signs of specific quality.
2. However, the following signs shall not be registered as trademarks if they have not been used to obtain distinctive features and are easy to identify:
(1) Only the common name and graphics of the product , model;
(2) Only directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Lack of distinctive features .
3. It is prohibited to copy, imitate or translate someone else’s well-known trademark that has not been registered in China:
A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China. Well-known trademarks registered in China that are likely to cause confusion will not be registered and are prohibited from use.
If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially damaged, Registration is not allowed and use is prohibited.