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A)The importance of
trademark registration in China
As to trademark registration, the Chinese
law adopts the Registration Principle.
That
is to say only the registered trademark is
protected in China.
B) If you want to have
your mark registered , it shall confirm to the
following conditions:
It shall
a) be visually perceptible ,including words,
devices, letters, numerals,
three-
dimensional signs, combination of
colors as well as the combination of such
signs;
b) have distinctive character and
be capable of being readily identified and
distinguished, and ;
c) not be in
conflict with the legal rights obtained earlier
by any other person.
C). Some limitations to the
registration:
① The following signs shall
not be used as trademarks:
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a) 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;
b) 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;
c) 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;
d) those identical
with or similar to an official sign or hallmark
indicating control and warranty, unless
authorization has been given;
e) those
identical with or similar to the name or symbol
of the Red Cross or the Red Crescent;
f)
those having the nature of discrimination
against any nationality;
g) those having
the nature of exaggeration and fraud in
advertising goods; or
h) 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. |
②The following signs shall
not be registered as trademarks:
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(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.
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③Where 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.
④A 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.
⑤A 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.
⑥A
trademark shall not be registered and its use
shall be prohibited if the agent
or
representative of the person who is the
owner of a trademark applies,
without
authorization, for the registration
of the trademark in his own name and if
the
owner raises an opposition.
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