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Basis of trademark application

Basis of trademark application

Trademark as a modern symbol carries the intangible asset of the enterprise and is the medium of comprehensive information transmission of the enterprise. Trademark in the process of corporate image transmission, is the most widely used, the most frequent, but also the most critical element. The strong overall strength, sound management mechanism, quality products and services of the enterprise, are covered in the logo, through constant stimulation and repeated portrayal, deeply in the hearts of the audience.

According to Trademark Law of China, the characters, graphics or their combinations used in a trademark should have distinctive features and be easy to identify, so salience is the most important essential requirement for an application for a trademark.

According to the provisions of Trademark Law of China, trademarks shall not use the following words and graphics:

(1). Words and graphics identical with or similar to the State name, national flag, national emblem, military flag or decorations of the People’s Republic of China;
(2). Words and graphics identical with or similar to the state names, national flags, national emblems, military flags or decorations of foreign countries;
(3). Words and graphics identical with or similar to the symbols or names of the Red Cross or the Red Crescent;
(4). The general name and figure of this commodity;
(5). Words and graphics that directly indicate the quality, main raw materials, functional use, weight, quantity and other characteristics of this commodity;
(6). Words and graphics that discriminate against any nationality;
(7). Exaggerated and deceptive words and graphics;
(8). Words and graphics that are detrimental to socialist morals or customs, or having other unhealthy influences.

Note: The geographical names of administrative divisions at or above the county level and foreign geographical names well-known to the public shall not be used as trademarks, except for geographical names that have other meaning. Registered trademarks that use geographical names shall continue to be valid.

Trademark is a legal term used by producers and operators in the production, manufacture, processing, selection or distribution of goods or services for the purpose of distinguishing the source of the goods or services and having distinctive features, usually composed of words, figures or a combination thereof. A trademark registered with the approval of the state shall be “Trademark”and shall be protected by law. The trademark registrant shall enjoy the exclusive right to use the trademark.

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Benny Kong & Tsai, Solicitors

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