Trademark is a sign used to identify and distinguish the source of goods or services. Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, can apply for registration as a trademark. A brand or a part of a brand is called a "trademark" after it is registered by the relevant government departments according to law. Trademarks are protected by law, and registrants enjoy exclusive rights. 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.
legal ground
the trademark law of the people's republic of china
Article 3 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.
The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization.
The term "certification trademark" as mentioned in this Law 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.
Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council. Article 8 Any mark that can distinguish the commodities of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional marks, color combinations, sounds and the combination of the above elements, may apply for registration as a trademark. Article 10 The following signs shall not be used as trademarks:
(a) the same as or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military song and medal of People's Republic of China (PRC), and the same as the name, symbol, place name or the name and figure of the landmark building where it is located;
(2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except with the consent of the government of that country;
(3) identical with or similar to the name, flag, emblem, etc. Intergovernmental international organizations, 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) deceptive, easy to make the public misunderstand the quality or origin of goods;
(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.