What Is a Compliance Label?
There are broad and narrow interpretations of trademark compliance. Trademark compliance in the broad sense means that in accordance with trademarks, laws and regulations must be complied with, and mainly refers to the relevant provisions of the Trademark Law and the Implementing Rules of the Trademark Law. Article 10 of the Trademark Law stipulates in detail the circumstances in which trademark compliance is not allowed to be used as a trademark. Article 11 of the Trademark Law provides for distinctiveness of trademarks. In addition, the trademark law also provides for the similarity of trademarks in principle. Narrow trademark compliance means that a trademark must comply with the mandatory provisions of Article 10 of the Trademark Law.
Trademark compliance
Right!
- There are broad and narrow interpretations of trademark compliance. Trademark compliance in the broad sense means that in accordance with trademarks, laws and regulations must be complied with, and mainly refers to the relevant provisions of the Trademark Law and the Implementing Rules of the Trademark Law. Article 10 of the Trademark Law stipulates in detail the circumstances in which trademark compliance is not allowed to be used as a trademark. Article 11 of the Trademark Law provides for distinctiveness of trademarks. In addition, the trademark law also provides for the similarity of trademarks in principle. Narrow trademark compliance means that a trademark must comply with the mandatory provisions of Article 10 of the Trademark Law.
- Relevant legal requirements
- Article 10 of the Trademark Law provides detailed regulations on trademark compliance. Article 10 of the Trademark Law shall not be used as trademarks:
(1) those identical or similar to the national name, national flag, national emblem, military flag, or medal of the People's Republic of China, and the same as the name of a specific place where the central state organ is located, or the name and graphics of a landmark building;
(2) Those identical or similar to the name, national flag, national emblem, and military flag of a foreign country, except with the consent of the government of that country;
(3) Same or similar to the name, flag, or emblem of an intergovernmental international organization, except where the organization agrees or is not easy to mislead the public;
(4) It is the same as or similar to an official mark or inspection mark that indicates the implementation of control and guarantee, except where authorized;
(5) Those with the same or similar names and logos as "Red Cross" and "Red Crescent";
(6) Discriminatory;
(7) Exaggerated propaganda and deceptive;
(8) Harmful to socialist morality or have other adverse effects.
Place names of administrative divisions above the county level or foreign place names known to the public shall not be used as trademarks. However, place names that have other meanings or are part of a collective mark or certification mark are excluded; registered trademarks that use place names continue to be valid. [1]