Can ancient or historical place names be used as trademarks
According to the Trademark Law, geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may not be used as trademarks. However, the geographical name has other meanings or is used as part of a collective trademark or certification mark, except; Registered trademarks using geographical names shall continue to be valid. This article introduces you in detail.
According to the Trademark Examination Standards, administrative divisions above the county level include county-level counties, autonomous counties, county-level cities and municipal districts; Cities, autonomous prefectures, regions and leagues at the prefecture level; Provincial-level provinces, municipalities directly under the central Government and autonomous regions; Two special administrative regions, namely Hong Kong and Macao; Taiwan region. The geographical names of administrative divisions above the county level shall be subject to the "List of Administrative Divisions of the People's Republic of China" edited and published by the Ministry of Civil Affairs. Geographical names of administrative divisions above the county level include the full name, short name, and phonetic forms of provinces, autonomous regions, municipalities, capital cities, separately planned cities and famous tourist cities above the county level; The foreign place names known by the public refer to the place names of other countries and regions known by the public in China. Geographical names include full names, short names, foreign names and general Chinese translations.
The place name has other meanings, which means that the place name as a word has a definite meaning and the meaning is stronger than the meaning as a place name, and will not mislead the public.
(1) Examination of trademarks containing geographical names of administrative divisions above the county level
The trademark consists of the geographical name of the administrative division above the county level, or contains the geographical name of the administrative division above the county level, which is determined to be the same as the geographical name of the administrative division above the county level in China. Except under any of the following circumstances:
(1) Place names have other meanings and the meaning is stronger than the meaning of place names.
(2) The trademark is composed of place names and other words and has significant characteristics on the whole, which will not cause the public to misidentify the origin of the goods.
(3) The name of the applicant contains a place name, and the applicant applies for trademark registration with its full name.
(4) The trademark consists of the abbreviation of the geographical name of two or more administrative divisions, which will not cause the public to misidentify the characteristics of the origin of the commodity. However, where it is easy for consumers to misrecognize the characteristics of the origin or service content of the specified goods, it shall be judged as having adverse effects and shall be rejected in accordance with the relevant provisions of the Trademark Law.
5, the trademark by provinces, autonomous regions, municipalities, capital cities, planned cities, famous tourist cities outside the phonetic form of place names, and will not cause the public to misidentify the origin of goods.
6. Place names as part of collective trademarks or certification marks.
(2) Examination of trademarks containing foreign place names known to the public
Where a trademark consists of a foreign place name known to the public, or contains a foreign place name known to the public, it shall be deemed to be the same as a foreign place name known to the public. However, the trademark consists of foreign place names and other words known to the public, the whole has other meanings, and the use of the designated goods will not cause the public to misidentify the origin of the goods, except.
(3) The composition of the words of the trademark is different from the geographical name of the administrative division at or above the county level or the foreign geographical name known to the public, but the font and pronunciation are similar enough to make the public mistake the geographical name, and thus misidentify the origin of the commodity, judged to have adverse effects, and shall be rejected according to the provisions of the Trademark Law.
(4) Where a trademark is composed of or contains a place name well known to the public other than the above provisions, and is used on the designated goods, which is likely to cause the public to misidentify the origin of the goods, it shall be judged to have adverse effects and shall be rejected in accordance with the relevant provisions of the Trademark Law. Except that the designated use of the commodity has no specific connection with the place or region indicated, and will not cause the public to misidentify the origin of the commodity.
(5) Where the place name contained in the trademark is independent of other signs with distinctive characteristics, and the place name only serves as a true representation of the location of the applicant, the relevant provisions of the Trademark Law shall not apply.
If the place name contained in the trademark is inconsistent with the location of the applicant, it is easy for the public to misrecognize it and determine that it has adverse effects, and the provisions of the Trademark Law shall be rejected.
If the applicant is a natural person, the address stated in the resident identity card or passport shall prevail; Where the applicant is a legal person or any other organization, the domicile specified in the business license shall prevail.
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