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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, or decorations, of the China, or identical with the names of the places or the names and designs of landmark buildings where the central government agencies located; (2)those identical with or similar to the national names, national flags, national emblems or military flags of foreign countries, unless the foreign government agrees on the use; (3)those identical with or similar to the names, flags or emblems, of international intergovernmental organizations, unless that the organizations agree on the use or the public is not likely to be misled by such use; (4)those identical with or similar to official signs or hallmarks showing official control or warranty, unless the use is otherwise authorized; (5)those identical with or similar to symbols, or names, of the Red Cross or the Red Crescent; (6)those having the nature of discrimination against any nationality; (7)those having the nature of exaggeration and fraud in advertising goods; and (8)those detrimental to socialist morals or customs, or having other unhealthy influences.
The geographical name of an administrative division at or above the county level or a foreign geographical name well-known to the public shall not be used as a trademark, unless the geographical name has another meaning or the geographical name is used as a component part of a collective mark or a certification mark. Registered trademarks consisting of or containing geographical names shall continue to be valid. |