Introduction to Trademark Law
Trademark Law confirms the exclusive right to use a trademark and stipulates the registration, use, transfer, protection and protection of trademarks. The general term for the legal regulations governing management. Its main role is to strengthen trademark management, protect trademark exclusive rights, encourage producers and operators of goods to ensure the quality of goods and services, maintain the reputation of trademarks, so as to ensure the interests of consumers and promote the development of the socialist market economy.
General Principles of Trademark Law
Article 1 is to strengthen trademark management, protect the exclusive right to trademark, and promote This law is specially enacted to ensure the quality of goods and services and maintain the reputation of trademarks by producers and operators to protect the interests of consumers and producers and operators and promote the development of the socialist market economy.
Article 2 The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide.
The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.
Article 3: 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 , protected by law.
Collective trademarks as used in this Law refer to those registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate that the user A sign of membership in the organization.
Certification trademarks as used in this Law refer to those controlled by an organization with the ability to supervise certain goods or services and used by units or individuals other than the organization For its goods or services, marks used 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 marks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes, it shall apply to the Trademark Office for commodity trademark registration.
If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it should apply to the Trademark Office for service trademark registration.
The provisions of this Law regarding commodity trademarks shall apply to service trademarks.
Article 5 Two or more natural persons, legal persons or other organizations may Jointly apply to the Trademark Office to register the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark.
Article 6: For goods that the state stipulates must use a registered trademark, you must apply for trademark registration , without approval and registration, shall not be sold in the market.
Article 7 Trademark users shall be responsible for the quality of the goods for which they use the trademark. Industrial and commercial administrative departments at all levels Trademark management should be used to prevent behaviors that deceive consumers.
Article 8 Any trademark that can distinguish the goods of a natural person, legal person or other organization from the goods of others Visual signs, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for registration as trademarks.
Ninth The trademark applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the legal rights previously obtained by others.
The trademark registrant has the right to indicate " "Registered Trademark" or registered mark.
Article 10 The following signs shall not be used as trademarks:
( 1) Identical or similar to the country name, national flag, national emblem, military flag, or medal of the People's Republic of China, or identical to the name of a specific place where the central state agency is located or the name or figure of a landmark building;
(2) Identical 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 or similar to the name, flag or emblem of an intergovernmental international organization, except with the consent of the organization or if it is 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) The name or symbol is the same as or similar to the "Red Cross" or "Red Crescent";
(6) It is ethnically discriminatory ;
(7) Exaggerated and deceptive propaganda;
(8) Harmful Have any other negative impact on socialist morals or customs.
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.
While the law protects the rights and persons of our citizens, it also punishes those who break the law. Trademarks have corresponding trademark laws and cannot be violated easily. If you have other related questions you would like to know, please feel free to consult the free legal consultation of Legal Savior Network, which can help you answer your doubts.
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