***黄金珠宝商标合法吗

China Gold Group Co., Ltd. is the registrant of the "China Gold" series trademarks with the registration numbers 5366862 and 5366859. China Gold Jewelry Company is authorized by the company to use these two trademarks and is responsible for maintaining and protecting the "China Gold" brand. However, there have been disputes regarding the legitimacy of these trademarks. This article aims to provide a detailed analysis of the legality of the China Gold jewelry trademark.

1. The legality of the "China Gold" trademark

The main argument against the legality of the "China Gold" trademark is that it violates Article 16 of the Trademark Law of the People's Republic of China, which prohibits the registration of trademarks that include national names. Critics argue that "China Gold" is a violation of this provision as it includes the name of the country. However, the court has stated that "China Gold" is not a violation of the law because it is used as a company name rather than a national name.

2. Authorization and trademark registration

China Gold Group Co., Ltd. has authorized China Gold Jewelry Company to use the "China Gold" trademarks. The company has successfully registered the "China Gold" trademark under Class 14, which covers jewelry products. The trademark has a validity period until March 6, 2031. However, it should be noted that the application for the "China Gold Jewelry" trademark has not been successful.

Conclusion: The "China Gold" trademark is authorized for use by China Gold Jewelry Company and has been registered under Class 14. The court has ruled that it does not violate the provision of the Trademark Law regarding the use of national names in trademarks.

3. Trademark infringement and unfair competition

Some companies have been found to counterfeit the China Gold trademark, causing serious harm to the interests of state-owned assets and consumers. To protect the interests of consumers and maintain the good reputation of the brand, China Gold Jewelry Company has taken legal action against these infringing parties. These actions aim to combat trademark infringement and unfair competition in the market.

4. Similar trademark cases

In a trademark rejection and review administrative dispute case involving the "China Gold Jewelry Group Hong Kong International Limited and Figure" trademark, the Beijing Higher People's Court ruled that although the applied trademark includes the word "China," it does not fully resemble or resemble the national name of China. Therefore, the trademark was not rejected based on the use of the word "China."

5. Prohibition of national names in trademarks

According to the Trademark Law, trademarks that include national names are prohibited. In the case of the China Gold trademark, the argument against its legality is based on the inclusion of the word "China." However, the court has stated that as long as the trademark is used as a company name and not a national name, it is not in violation of the law.

6. Legal actions taken

To protect the legal rights and interests of consumers, as well as the reputation of the brand, China Gold Jewelry Company has filed lawsuits against jewelry stores that use the "China Gold Jewelry" label on their products and sales documents without authorization. These legal actions aim to prevent unauthorized use of the trademark and maintain the integrity of the brand.

Conclusion: China Gold Jewelry Company is taking legal actions to safeguard the rights and interests of consumers and protect the brand's reputation. Unauthorized use of the "China Gold" trademark by other jewelry stores is considered an infringement and unfair competition.

In conclusion, the "China Gold" trademark used by China Gold Jewelry Company has been authorized and registered under Class 14. Although there have been disputes regarding its legality, the court has ruled that it does not violate the provision of the Trademark Law. China Gold Jewelry Company has been actively taking legal actions to combat trademark infringement and protect the brand's reputation.