Tuesday, May 28, 2024
Home Logistics News Can imported products be branded with foreign flags

Can imported products be branded with foreign flags

by admin
0 comment

hello. See whether it has obtained the consent of relevant countries. If it agrees, it is OK, but if it does not agree, it is not allowed. According to Article 48 of the trademark law, the use of unregistered trademarks should mainly follow the following provisions:
I It shall not violate the provisions of the prohibited provisions of the trademark law. Article 10 of the trademark law stipulates the scope of words and graphics prohibited from being used as trademarks:
(1) those that are the same or similar to the national name, national flag, national emblem, military flag and medal of the people’s Republic of China, as well as the name of a specific place where the central state organ is located or the name and graphics of landmark buildings
(2) the same as or similar to a foreign country’s national name, national flag, national emblem or military flag, except with the consent of the government of that country
(3) identical or similar to the name, flag or emblem of an intergovernmental international organization, except with the consent of the organization or not easy to mislead the public
(4) the same or similar to the official marks and inspection marks indicating the implementation of control and guarantee, except those authorized
(5) the same as or similar to the names and symbols of “Red Cross” and “Red Crescent”
(VI) with ethnic discrimination
(VII) exaggerated publicity and deceptive
(8) harmful to socialist morality and customs or having other adverse effects. Geographical names in administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks. However, place names have other meanings or are an integral part of collective trademarks or certification trademarks; Registered trademarks using place names shall remain valid
II It shall not infringe upon the exclusive right of others to use registered trademarks
registered trademarks are protected by law. Unregistered trademarks shall not be the same or similar to registered trademarks, which is the basic premise for the use of unregistered trademarks. The same or similar problems between unregistered trademarks and registered trademarks shall be analyzed in detail. Some users of unregistered trademarks deliberately use unregistered trademarks that are the same or similar to registered trademarks, which is an intentional infringement; However, many of them are actually due to the unintentional conflict between the two trademarks, which constitute the same or similar, which belongs to negligent infringement. In the administration of unregistered trademarks, the former intentional infringement must be severely punished; For the latter kind of negligent infringement, it should be dealt with lightly as appropriate, so as to stop the use. In doing so, we not only achieve the purpose of protecting registered trademarks according to law, but also fully consider the interests of users of unregistered trademarks within the scope permitted by the law, which is conducive to better and comprehensively safeguarding the vital interests of all parties
III Do not pretend to be a registered trademark. Pretending to be a registered trademark means that the trademark user marks the word “registered trademark” or adds (note) or (R) registration mark on the trademark that has not been approved and registered by the trademark authority. In addition to using the words “registered trademark” or registration mark on the unregistered or applied trademark, the act of pretending to be a registered trademark also has the following forms:
(1) although an application for registration has been filed with the Trademark Office, the words “registered trademark” or registration mark has been marked before approval; (2) The trademark registrant uses a registered trademark beyond the approved scope of use of goods and marks the words “registered trademark” or marks the registration mark; (3) After the registered trademark is cancelled due to the failure to renew the registration of the trademark, or after the registered trademark is revoked due to illegal use. Those who continue to use and mark with the words “registered trademark” or registration mark
IV Goods with unregistered trademarks shall not be shoddy, shoddy or deceive consumers
supervising the quality of goods through trademark management is a feature of China’s trademark law, which shows that while protecting the exclusive right to use trademarks, we attach great importance to safeguarding the interests of consumers. The quality of goods using registered trademarks must be guaranteed, and the quality of goods using unregistered trademarks must also be guaranteed. For those who violate the provisions on commodity quality, Article 31 of the detailed rules for the implementation of the trademark law stipulates strict punishment measures. The same provisions apply to the punishment of users of unregistered trademarks and registrants of trademarks without discrimination. When implementing this legal provision, the trademark administration organ mainly carries out its work in the field of commodity circulation, and the commodity quality problems in the production link are mainly investigated and dealt with by the product quality supervision department according to the division of law enforcement. If the commodities in the circulation field are shoddy and shoddy, the administrative department for Industry and commerce must deal with them in accordance with the provisions of the trademark law after obtaining the test certificate from the relevant national statutory quality inspection institution.

You may also like

Leave a Comment

Soledad is the Best Newspaper and Magazine WordPress Theme with tons of options and demos ready to import. This theme is perfect for blogs and excellent for online stores, news, magazine or review sites.

Buy Soledad now!

Edtior's Picks

Latest Articles

u00a92022u00a0Soledad.u00a0All Right Reserved. Designed and Developed byu00a0Penci Design.