Enquiring knowledgeable people Inquisitive education Hospital Treasury

Is it infringing to use the national flag of other countries on the product?

home page

Is it infringing to use the national flag of other countries on the product?


        

Submit answer
Favorable reply
  • 2024-06-14 18:00:50

    Is it infringing to use the national flag of other countries on the product? According to the provisions of the Trademark Law: Article 10 The following signs shall not be used as trademarks: (1) those identical with or similar to the national name, national flag, national emblem, military flag and medals of the People's Republic of China, and those identical with the names of specific places where central state organs are located or the names and graphics of landmark buildings; (2) those identical with the names, national flags, national emblems The military flag is the same or similar, except with the consent of the government of the country. (3) It is the same or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easy to mislead the public The name and logo of the "Red Crescent" are the same or similar (6) with national discrimination (7) exaggerated propaganda and deceptive (8) harmful to socialist morality or other adverse effects. Then let's extend this question: according to Article 11 of the Trademark Law, the following marks shall not be registered as trademarks: (1) only the general name, figure and model of the product (2) only directly represent the quality, main raw materials, function, use, weight, quantity and other characteristics of the product (3) lack of distinctive features. The marks listed in the preceding paragraph may be registered as trademarks if they have been used to obtain distinctive features and are easy to identify. Article 12 Where an application for the registration of a trademark is made by means of a three-dimensional sign, the shape of the goods produced only by the nature of the goods themselves, the shape of the goods necessary for obtaining technical effects, or the shape that makes the goods have substantial value, shall not be registered. Article 13 Where a trademark applied for registration in respect of the same or similar goods is a reproduction, imitation or translation of a well-known trademark not registered in China by others, which is likely to cause confusion, it shall not be registered and its use shall be prohibited. The above contents are the answers carefully sorted out by lawyers on whether the use of national flag patterns of other countries on products infringes the rights, for your reference.

    b***

    2024-06-14 18:00:50

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):