Traditional Culture Encyclopedia - Tourist attractions - How tourist attractions protect intellectual property rights
How tourist attractions protect intellectual property rights
Legal analysis: According to the provisions of relevant laws and regulations, in the production and business activities of natural persons, legal persons or other organizations, the trademark registrant enjoys the control, copying, profit and disposal of trademark rights for its registered trademarks. power. Therefore, when a tourist attraction manager registers the name of the scenic spot as a trademark, the intellectual property rights of the scenic spot will be protected by the state.
Legal basis: Article 10 of the "Trademark Law of the People's Republic of China" The following signs shall not be used as trademarks: (1) The same as the country name, national flag, national emblem, The national anthem, military flag, military emblem, military song, medal, etc. are the same or similar, and are the same as the name or logo of a central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building; (2) The same as a foreign country The name, national flag, national emblem, military flag, etc. are the same or similar, except with the consent of the government of the country; (3) The name, flag, emblem, etc. of the intergovernmental international organization are the same or similar, except with the consent of the organization or it is not likely to mislead Except for the public; (4) Identical or similar to the official signs and inspection marks indicating the implementation of control and guarantee, except those authorized; (5) The same names and signs as the "Red Cross" and "Red Crescent" or similar; (6) ethnically discriminatory; (7) deceptive and likely to cause the public to misunderstand the quality and other characteristics of the product or its origin; (8) harmful to socialist morals or other adverse effects. Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
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