What is the legal basis for trademark registration review?

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply for Trademark registration with the Trademark Office. What is the legal basis for trademark registration review? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

What is the legal basis for trademark registration review

Legal basis for trademark registration review

Article 10 of the Trademark Law prohibits the following signs from being used as trademarks:

(1) The same country name, national flag, and The national emblem, military flag or medal is the same or similar, as well as 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) Same as the name of the intergovernmental international organization, The flags and emblems are identical or similar, except with the consent of the organization or if they 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) The same or similar name or logo as "Red Cross" or "Red Crescent";

(6) Ethnicly discriminatory; span>

(7) Exaggerated and deceptive propaganda;

(8) Harmful to socialist morals or morals or Have other adverse effects.

Administrative administration at or above the county level District place names or foreign place names known to the public shall not be used as trademarks. However, except for place names that have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

"Trademark Law"

Article 28 For a trademark applied for registration, the Trademark Office shall If the registration application documents are reviewed within nine months from the date of registration and meet the relevant provisions of this Law, a preliminary review and announcement will be made.

Article 29 During the review process, If the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.

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