Can A Place Name Be Registered As A Trade Mark?

Trademark is the concentrated expression of the brand of a company. The journey of a thousand miles begins with a single step. Even if a company has the grand desire to conquer the world, it must start with the registration of a trademark.

A small trademark looks like a trivial thing, but it represents the whole company or brand, and conveys many information such as identification, value and enterprise products.

Celebrities enjoy the right of prior names, so do you have the place names? There are many trademarks in the name, such as Beijing instant noodles, Longjing tea, Changbai Mountain ginseng...

Are these trademarks? Why are these place names registered as trademarks? Can every company apply for a place name as a trademark?

According to Li Jialun, lawyer of Guangdong Baocheng (Qianhai) law firm, first of all, the right to name is a kind of personality right, only natural talents are enjoyed. Secondly, according to the trademark law, the names of the administrative divisions above the county level or the foreign names that the public knows is not allowed to be trademarks.

However, the place names have other meanings or are excluded from the components of collective trademarks and certification trademarks; trademarks already registered for the use of geographical names will continue to be valid.

If a registered trademark violates the relevant provisions, the State Trademark Office may declare that the trademark is invalid. If an unregistered trademark is used to violate the regulation, the local administrative department for Industry and Commerce will stop it, correct it within a specified time, and notify and impose a fine.

As for the names mentioned above,

The Beijing instant noodles are different from the latter two.

The right name of Beijing instant noodles should be the South Street Village brand Beijing instant noodles. Finally, the Beijing instant noodle is mainly used as the unique name of well-known commodities. It is reported that since the product was first co operated with the pastry factory in Beijing, the instant noodles were crowned with "Beijing" two words, which had been sold for a long time and spread widely, and everyone shouted that it was instant noodles, so that it became a special name. The South Street Village Group also had exclusive right to use this unique name. First of all, Beijing instant noodles are not from Beijing, but from Henan street village group. Secondly, the words "Beijing instant noodles" are not registered trademarks, and "South Street Village" is on the thirtieth category of convenience foods.

Longjing tea and Changbai Mountain ginseng are both.

Moreover, it is a trademark of geographical indications. According to the relevant provisions of the trademark law, the legislative protection of geographical indications and certification marks is to make sure that the commodities that use such trademarks must have the commodity specific quality, reputation and other characteristics determined by the natural and human factors designated by the geographical indication of the geographical indication, so as to prevent the use of geographical indications and trademarks from the geographical area to mislead the relevant public.

According to Li Jialun, the certification mark of geographical indications is generally applied by industry associations and other groups as the main body.

If a company counterfeits a certain commodity and signs the name "place name + product name", on the one hand, it is a fraud consumer.

"On the other hand, it infringes upon the exclusive right of another person's trademark, and will be sentenced to stop the infringement and compensate the loss of the infringed party.

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