1. General Provision -- Distinctiveness
2. Signs That Shall Not Be Used As Trademarks
3. Signs That Shall Not Be Registered
As Trademarks
4. Signs That Shall Not Be Either Used
Or Registered As Tradmearks
1.
General Provision -- Distinctiveness
- "A
trademark that is the subject of an application for
registration shall have distinctive character and
be capable of being readily identified and distinguished,
and shall not be in conflict with the legal rights
obtained earlier by other persons.
The
owner of a registered trademark has the right to use
the sign "Registered Trademark" or other signs
indicating registration." (Chinese Trademark Law,
Article 9)
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2.
Signs That Shall Not Be Used As Trademarks
- "The
following signs shall not be used as trademarks:
(1)
those identical with or similar to the State name, national
flag, national emblem, military flag or decorations
of the People's Republic of China, and those identical
with the name of the particular place, or with the name
or image of the symbolic building, where a central government
department of the State is located;
(2)
those identical with or similar to the State name, national
flag, national emblem or military flag of a foreign
country, unless consent has been given by the government
of the country;
(3)
those identical with or similar to the name, flag or
emblem of an international intergovernmental organization,
unless consent has been given by the organization or
the public is not likely to be misled by such use;
(4)
those identical with or similar to an official sign
or hallmark indicating control and warranty, unless
authorization has been given;
(5)
those identical with or similar to the name or symbol
of the Red Cross or the Red Crescent;
(6)
those having the nature of discrimination against any
nationality;
(7)
those having the nature of exaggeration and fraud in
advertising goods; or
(8)
those detrimental to socialist morality or customs,
or having other unhealthy influences.
The
geographical name of an administrative division at or
above the county level or a foreign geographical name
well-known to the public shall not be used as a trademark,
unless the geographical name has another meaning or
the geographical name is used as a component part of
a collective mark or a certification mark; registered
trademarks consisting of or containing geographical
names shall continue to be valid." (Chinese Trademark
Law, Article 10)
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3.
Signs That Shall Not Be Registered As Trademarks
- "The
following signs shall not be registered as trademarks:
(1)
signs which consist exclusively of the generic names,
designs, or model numbers of the goods in respect of
which the trademark is used;
(2)
signs which consist exclusively of direct indications
of the quality, primary raw material, functions, intended
purposes, weight, quantity or other characteristics
of goods; or
(3)
signs which are devoid of any distinctive character.
Signs
mentioned in the preceding paragraph may be registered
as trademarks if they have acquired distinctive character
through use and are capable of being readily identified
and distinguished." (Chinese Trademark Law, Article
11)
- "Where
a three-dimensional sign is the subject of an application
for registration of a trademark, the trademark shall
not be registered if it consists exclusively of the
shape which results from the nature of the goods themselves,
the shape of goods which is necessary to obtain a
technical result, or the shape which gives substantial
value to the goods." (Chinese Trademark Law,
Article 12)
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4.Signs
That Shall Not Be Either Used Or Registered As Tradmearks
- "A
trademark shall not be registered and its use shall
be prohibited where the trademark constitutes a reproduction,
an imitation, or a translation, of a well-known trademark
of another person not registered in China and is likely
to create confusion, if the trademark is the subject
of an application for registration in respect of goods
which are identical or similar to the goods to which
the well-known trademark applies.
A
trademark shall not be registered and its use shall
be prohibited where the trademark constitutes a reproduction,
an imitation, or a translation, of a well-known trademark
of another person already registered in China and is
likely to mislead the public and damage the interests
of the owner of the registered well-known trademark,
if the trademark is the subject of an application for
registration in respect of goods which are not identical
or similar to the goods to which the well-known trademark
applies." (Chinese Trademark Law, Article 13)
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