The people's court may determine that a mark containing the name of People's Republic of China (PRC), but not identical or similar on the whole, may damage the national dignity by registering the mark as a trademark, which belongs to the circumstances specified in Item (8) of Paragraph 1 of Article 10 of the Trademark Law. Article 4 The trademark identification or its constituent elements are deceptive, and it is easy for the public to misunderstand the quality and other characteristics of goods or the place of origin. If the Trademark Review and Adjudication Board finds that it falls under the circumstances specified in Item (7) of Paragraph 1 of Article 10 of the Trademark Law as amended by 200 1, the people's court will support it. Article 5 Where a trademark symbol or its constituent elements may have a negative or negative impact on China's public interests and public order, the people's court may determine that it belongs to "other adverse effects" as stipulated in Item (8) of Paragraph 1 of Article 10 of the Trademark Law.
The application for registration of the names of public figures in political, economic, cultural, religious and ethnic fields as trademarks belongs to the "other adverse effects" mentioned in the preceding paragraph. Article 6 Trademark identification consists of geographical names of administrative divisions at or above the county level or foreign geographical names known to the public. If it has a different meaning from the place name as a whole, the people's court shall determine that it does not belong to the circumstances stipulated in the second paragraph of Article 10 of the Trademark Law. Article 7 When examining whether a disputed trademark has distinctive features, the people's court shall judge whether the trademark as a whole has distinctive features according to the common understanding of the relevant public who use the trademark to designate goods. Trademark symbol contains descriptive elements, but it does not affect its overall distinctive features; Or descriptive signs are expressed in a unique way, and the relevant public can identify the source of goods by them, which should be considered to have remarkable characteristics. Article 8 When the trademark in dispute is a foreign language trademark, the people's court shall examine and judge whether the foreign language trademark has distinctive features according to the common knowledge of the relevant public in China. The inherent meaning of a sign in a foreign language may affect its distinctive features in the designated use of goods, but if the relevant public has a low understanding of the inherent meaning and can identify the source of goods with the sign, it can be considered as having distinctive features. Article 9 Where a trademark is registered only by using the shape of a commodity or part of its shape as a three-dimensional mark, and it is generally difficult for the relevant public to recognize it as a mark indicating the origin of the commodity, the three-dimensional mark does not have obvious characteristics as a trademark.
The applicant's initial creation or earliest use of this shape does not necessarily lead to its distinctive characteristics as a trademark.
If the mark mentioned in the first paragraph is used for a long time or widely, and the relevant public can identify the source of the goods through the mark, it can be considered that the mark has remarkable characteristics. Article 10 Where a disputed trademark belongs to a legal commodity name or an agreed commodity name, the people's court shall determine that it belongs to the generic name referred to in Item (1) of Paragraph 1 of Article 11 of the Trademark Law. In accordance with the provisions of laws or national standards and industry standards, it shall be recognized as a common name. If the relevant public generally thinks that a certain name can refer to a certain kind of goods, it should be recognized as a common name by convention. Being listed as a commodity name by professional reference books, dictionaries, etc. It can be used as a reference to identify established common names.
The commonly used generic names are judged by the common understanding of the relevant public in the country. Due to historical traditions, local customs, geographical environment and other reasons, the people's court may recognize the common names of commodities with fixed relevant markets.
If the applicant for trademark dispute knows or should know that the trademark applied for registration is a commodity name established in some areas, the people's court may regard the trademark applied for registration as a generic name.
When examining and judging whether a disputed trademark belongs to a generic name, the people's court generally takes the factual status of the date of trademark application as the standard. If the fact status changes when the registration is approved, whether it belongs to a common name shall be judged by the fact status when the registration is approved. Article 11 A trademark mark only or mainly describes or explains the quality, main raw materials, functions, uses, weight, quantity, place of origin and other contents. Among the commodities used, the people's court shall determine that they belong to the circumstances specified in Item (2) of Paragraph 1 of Article 11 of the Trademark Law. Trademark identification or its constituent elements imply the characteristics of goods, but do not affect its function of identifying the source of goods, which does not belong to the situation specified in this item.