(1) identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), and identical with the names and graphics of specific place names or landmark buildings where the central state organs are located;
(2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except as agreed by the government of that country;
(3) identical with or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easily misleading the public;
(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;
(5) identical with or similar to the names and symbols of the Red Cross and Red Crescent;
(six) with ethnic discrimination;
(seven) exaggerated propaganda and deception;
(eight) harmful to socialist morality or other adverse effects.
Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.
Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
A collective trademark refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities to show the membership of users in the organization.
A certification trademark refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
2. However, any of the following marks that have not been used, and that have acquired remarkable features and are easy to identify shall not be registered as trademarks:
(a) only refers to the common name, figure and model of the commodity;
(two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Lack of distinctive features.
3. It is forbidden to copy, imitate or translate other people's well-known trademarks that are not registered in China;
A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is not registered in China. It is easy to cause confusion, so it is not registered and prohibited to be used.
Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited. (A) the principle of drafting a trademark name
To name a trademark, in addition to meeting the statutory requirements for trademark naming, the following principles should also be noted:
1. Easy to identify, read, understand, remember and write.
The name of a trademark must first be clear and concise; Words should be easy to understand, and don't use obscure words; Use characters with simple strokes that are easy to write and print, and don't use ancient characters and obsolete characters with complex strokes that are difficult to identify or have been eliminated; Pronunciation should be loud and fluent, with musical aesthetic feeling, and bending and twisting should be avoided. In addition, the text of the name cannot be too long.
2. Grasp the characteristics and highlight the key points
Trademark name is very short, which can only show the characteristics of a certain aspect of the goods, so we should grasp the characteristics and highlight the key points. This kind of prominence, or focus on highlighting identity, such as "Kweichow Moutai"; Or focus on display technology, such as "China Ancient Health Essence"; Or focus on display materials, such as "double needle toothpaste"; Or focus on showing value, such as "diamond electric fan"; Or focus on the performance of utility, such as "baili brand soap"; Or sketch an image, such as "white rabbit toothpaste"; Or show interest, such as "Xiyingmen towel quilt"; Or show style, such as "Princess Qin"; Or clearly indicate the product category, such as "organic rice"; Wait a minute.
3. name and reality should be integrated to avoid self-contradiction
The name should reflect a certain characteristic of the commodity from a certain aspect, should be associated with the commodity, and there should be no phenomenon that the name of the commodity does not match the reality or damage the image of the commodity. For example, "Panther" brand agricultural vehicles, "Panther" shows the power of vehicles, and "Chrysanthemum" of "Chrysanthemum" electric fan gives people a cool feeling, which is reasonable and reasonable.
4. Consider the psychology of consumers.
Commodities have a certain number of consumers, and naming should consider the psychology of consumers in order to win the market. For example, children's products should consider children's psychology: so there are little angel children's shoes, white rabbit toffee and Wahaha fruit milk. Health care products for the elderly should consider the psychology of the elderly: so there are Bainianle Chinese patent medicine, Laolaifu oral liquid and Ruyi brand crutches. Cosmetics are mainly consumed by young women, so the brand names are fashionable and foreign: Aoqi, Yaqian, Head & Shoulders, Lihua Bao Si and Golden Ballet. High-end consumer goods are aimed at the characteristics that buyers should choose carefully, and use brand names to express the preciousness, exquisiteness, durability and advanced quality of goods, so there are Strauss pianos and sapphire watches.
5. Names should be beautiful and meaningful.
The so-called aesthetic feeling is that the name is vivid and can make people have good associations. Such as: tulip wallpaper, penguin sweater, lotus gourmet powder.
Implication means that a name can contain more information. For example, "Zhong Yi" not only shows that Italian technology has been introduced into the product, but also tells people that the product can be satisfactory. "Old Frye" not only means getting old and blessed in Chinese, but also is homophonic with English LONGLIFE.
(2) Methods of drafting trademark names
1. Introduce the formula
This is the most commonly used method. This method is easy to understand, and some introduce places of origin, such as Shanghai, Qingdao and Tianjin; Some introduce functions, such as: divine power, a spoonful of beauty, permanence, Yong Fang, health and happiness.
2. Metaphorical style
The characteristic of this way is that the name is a metaphor, which refers to the characteristics of a certain aspect of a commodity, such as the name of a TV set, the brilliant metaphor of Changhong, the vivid metaphor of Peony and the gorgeous metaphor of Peacock.
3. Prompt type
The characteristic of this way is that although the name is not a metaphor, it can vaguely reveal more other information. For example, "Huari" means Japanese technology of products, "Aerospace" means cutting-edge technology, "Manman" cigarettes mean certain manners and values, and Yuyang brand blankets mean the materials used in blankets.
4. Symbolism
The characteristic of this way is that names can give people rich associations. For example, the Great Wall symbolizes a creative spirit, and the Yellow River symbolizes the ancient times of the Chinese nation, which is a more specific symbol. Some of them are abstract, such as "double ring" and "triangle", which can only be freely associated by consumers.
5. Authoritative style
Authoritative style is characterized by naming with authority. Or borrow celebrities, such as "Li Ning", "Xinghai" or self-appointed authorities, such as "Heavenly Kings" and "Overlord". make a wish
Wishing is characterized by auspicious and festive names. For example, Beauty, Dafa, Xifumen, Double Happiness and so on.
There are various naming methods, here are only a few of the most commonly used, and the specific application should be handled flexibly according to the actual situation.