China trademark law article 10

2012-06-05 21:06:58 Author: chinatm Source: Visit: 0 Comments 0

China trademark article 10 belongs chapter I, here is the detail of article 10.

Article 10 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, with names of the places where the Central and State organs are located, or with the names and designs of landmark buildings;

(2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except that the foreign state government agrees otherwise on the use;

(3) those identical with or similar to the names, flags or emblems or names, of international intergovernmentaI organizations, except that the organizations agree otherwise on the use or that it is not easy for the use to mislead the public;

(4) those identical with or similar to official signs and hallmarks, showing official control or warranty by them, except that the use thereof is otherwise authorized;

(5) those identical with or simi1ar to the symbols, or names, 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; and

(8) those detrimental to socialist morals or customs, or having other unhealthy influences.

The geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical terms as have otherwise meanings or are a part of collective marks/or a certification marks shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.

1、Chapter l General Provisions
2、Chapter II AppIication for Trademark Registration
3、Chapter lII Examination for and ApprovaI of Trademark Registration
4、Chapter IV RenewaI, Assignment and Licensing of Registered Trademarks
5、Chapter V Adjudication of Disputes Concerning Registered Trademarks
6、Chapter Vl Administration of the Use of Trademarks
7、Chapter VlI Protection of the ExcIusive Rights to Use Registered Trademarks
8、Chapter VIII Supplementary Provisions

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