Visual Chinese Trademark Registration Failed to Pass Applications in Several Categories

category:Society
 Visual Chinese Trademark Registration Failed to Pass Applications in Several Categories


Visual (China) Cultural Development Co., Ltd. registered the trademark Visual China VISUALCHINAGROUP in International Classification 9, 16, 35, 38, 41 and 42 in June 2015. The ninth category mainly includes Science, Navigation, Geodesy, Photography, Film, Optics, Balance Tools, Measuring Tools, Signals, Inspection (Supervision), Rescue (Rescue) and Teaching Tools and Instruments. Instruments, instruments and instruments for processing, switching, transferring, accumulating, regulating or controlling, instruments for recording, communicating, reproducing sound and image, magnetic data carriers, recording plates, mechanical structures of vendors and coin-throwing starters, cash income recorders, computer and data processing devices, fire extinguishing equipment. Category 16 mainly includes paper and cardboard; books; Binding supplies; photographs; stationery and office supplies (except furniture); stationery or household adhesives; materials for artists or paintings; brushes; educational or teaching supplies; plastic paper, plastic film and plastic bags for packaging and packaging; category 35 is advertising, industrial operation, industrial management, office services, category 38 is telecommunications, category 41 and 42 are service trademarks, the former refers to.u201c Education, training, entertainment and sports activities are provided. The latter covers the fields of science and technology services and related research and design services, industrial analysis and research, design and development of computer hardware and software. At present, all six trademarks show that the application has been rejected and rejected, and the trademark has been invalidated.

According to Article 10 of the Trademark Law, it shall not be used as a trademark if it is identical or similar to the national name, flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. of the Peoples Republic of China, and if it is identical to the name, logo of a central state organ, the name of a specific place where it is located, or the name and graphics of a landmark building. Tian Long, a lawyer at Beijing Tianchi Juntai Law Firm, said that from his personal point of view, the reason why Visual Chinas registered trademark was declared null and void is that Article 10, paragraph 8, of the Trademark Law also stipulates that it is not allowed to be used as a trademark if it is harmful to socialist morality or has other adverse effects.

According to Tian Long, most of the registered trademarks with Chinese characters are state-owned enterprises, because their names have Chinese characters and have been approved by the state, but for ordinary enterprises, the Chinese characters can not be used in the trademarks, otherwise the risk of rejection is very high. According to a query by a reporter from the Beiqing Daily, Article 3 of the judicial interpretation of the Provisions of the Supreme Peoples Court on Several Questions Concerning Administrative Cases of Recognition of Trademark Authorization, which came into effect on March 1, 2017, stipulates that the national name of the Peoples Republic of China stipulated in paragraph 1 (1) of Article 10 of the Trademark Law of China is identical or similar to the national name of the People Approximate. For a mark containing the national name of the Peoples Republic of China, but not identical or similar as a whole, if the registration of the mark as a trademark may cause damage to the national dignity, the peoples court may determine that it belongs to the situation stipulated in Article 10, paragraph 1 (8), of the Trademark Law of China. Source: Beijing Headline Responsible Editor: Liu Yuxin_NBJS7825

According to Tian Long, most of the registered trademarks with Chinese characters are state-owned enterprises, because their names have Chinese characters and have been approved by the state, but for ordinary enterprises, the Chinese characters can not be used in the trademarks, otherwise the risk of rejection is very high.

According to a query by a reporter from Beiqing Daily, Article 3 of the judicial interpretation of the Provisions of the Supreme Peoples Court on Several Questions Concerning the Trial of Administrative Cases Concerning the Confirmation of Trademark Authorization, which came into effect on March 1, 2017, stipulates that:

Article 10, paragraph 1 (1), of the Trademark Law of China stipulates that the national name of the Peoples Republic of China is identical or similar to that of the Peoples Republic of China, which means that the trademark marks are identical or similar to the national name as a whole.

For a mark containing the national name of the Peoples Republic of China, but not identical or similar as a whole, if the registration of the mark as a trademark may cause damage to the national dignity, the peoples court may determine that it belongs to the situation stipulated in Article 10, paragraph 1 (8), of the Trademark Law of China.