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Interpretation: Trademark "Pull The Banner" &Nbsp; Caution Was Dismissed.

2010/8/20 22:01:00 37

Examination For Trademarks

In order to further standardize the trademark review standards, the Trademark Office of the State Administration for Industry and Commerce has clearly stipulated the standards for the examination of trademarks that are identical or similar to the names of our country.

The reporter interviewed the relevant director of the Trademark Bureau of the State Administration for Industry and commerce.


7 marks shall not be used as trademarks.


The person in charge said that the following 7 kinds of signs should not be used.

trademark

Use:


It is the same or similar to the national name, national flag, national emblem, military flag or medal of the People's Republic of China, and the name or figure of the specific place or the landmark building of the central state organ.


  這位負(fù)責(zé)人解釋說,“國(guó)家名稱”包括全稱、簡(jiǎn)稱和縮寫,我國(guó)國(guó)家名稱的全稱是 “中華人民共和國(guó)”,簡(jiǎn)稱為“中國(guó)”、“中華”,英文簡(jiǎn)稱或者縮寫為“CN”、“CHN”、“P.R.C”、“CHINA”、“P.R.CHINA”、“PR OF CHINA”;“國(guó)旗”是五星紅旗;“國(guó)徽”的中間是五星照耀下的天安門,周圍是谷穗和齒輪;“軍旗”是中國(guó)人民解放軍的“八一”軍旗,軍旗為紅底,左上角綴金黃色五角星和“八一”兩字;“勛章”是國(guó)家有關(guān)部門授給對(duì)國(guó)家、社會(huì)有貢獻(xiàn)的人或者組織的表示榮譽(yù)的證章;“中央國(guó)家機(jī)關(guān)所在地特定地點(diǎn)或者標(biāo)志性建筑物”包括“天安門”、“新華門”、“紫光閣”、“懷仁堂”、“人民大會(huì)堂”等,不得作為商標(biāo)使用。


It is the same or similar to a foreign country's name, national flag, national emblem or military flag, unless it is agreed by the government.


For example, the "FRANCE" travel bag ("

FRANCE

It is not allowed to be plated into French.

The consent of the government refers to the applicant's ability to submit written confirmation documents approved by the government.

If the applicant has registered the trademark in that foreign country, it shall be deemed to be the consent of the foreign government.


- the name of the international intergovernmental organization.

flag

The same or similar to the emblem, except with the consent of the organization or the misleading public.


Intergovernmental international organizations refer to organizations with certain rules and regulations established by governments or governments in certain countries for specific purposes through treaties or agreements.

For example, the United Nations, the European Union, the World Trade Organization and so on.

The names of international organizations include full names, abbreviations or abbreviations.


- exaggerating publicity and deceptive;


This means that the trademark is more than the inherent degree of the quality of its designated use of goods or services, making it easy for the public to erroneous understanding of the quality of goods or services.

For example, "national liquor" liquor, "gourmet" mineral water and so on, are not allowed.


- harmful to socialist moral trends or other harmful effects;


Socialist moral trend refers to the norms and norms of people's common life and behavior in China, as well as the good customs and habits prevailing in society in a certain period of time. Other adverse effects refer to the negative effects of trademarks, graphics or other elements on the social and public interests and public order of our country's politics, economy, culture, religion, nationality and so on.


- only the generic name, graphics and type of this commodity.


The generic name, graphics and type of the system refer to the names, figures and models prescribed by the national standard or the industry standard, including the full name, the abbreviation, the abbreviation, and the common name.

For example, "Korea white" ginseng, "502" glue, "XXL" clothing and so on shall not be registered as trademarks.


- lacking distinctive features.

For example, too simple lines, ordinary geometric shapes; one or two ordinary forms of letters, such as "A" clothing.


Trademark containing "China" must have 4 conditions.


If a trademark application containing the same or similar character in the name of the state of China is applied, the applicant and the application trademark have the following 4 conditions, which can be preliminarily examined and approved: the applicant's main qualification should be approved by the State Council or its authorized organ. The name of the applicant should be registered by the name registration management organ according to law. The application trademark is consistent with the applicant's enterprise name or the name abbreviation, for short, it is approved by the State Council or its authorized organ; the application trademark is closely related to the applicant's main body; the scope of the commodity or service specified for the application of the trademark shall be consistent with the approved business scope.

For example, "Bank of China" and "China Petroleum" are such registered trademarks.


The person in charge stressed that the examination of the above - mentioned "China" and the first word "state" trademark should be examined strictly and carefully and carefully, through the research and decision of the relevant censorship office, the trade mark board review business meeting, the Trademark Office meeting or the Committee of the Trademark Review Committee.

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