Trademark law

Signs and geographical names that cannot be registered as trademarks

Under the Trademark Law, the following signs cannot be registered as trademarks: (1) those identical with or similar to the State name, national flag, national emblem, national anthem, military flag, military emblem, military song, or medals, etc., of the People’s Republic of China, and those identical with the name or the symbol of the central organizations of the State or the Party, as well as the name of the specific place where the central organizations of the State or the Party are located or the name, device of any symbolic building of the place; (2) those identical with or similar to the national name, national flag, national emblem or military flag, etc., of any foreign country, except with the consent of the government of that country; (3) those identical with or similar to the name, flag, or emblem of any intergovernmental international organization, except with the consent of that organization and those unlikely to mislead the public; (4) those identical with or similar to the official marks, inspection marks that indicate the controlling or providing guarantee, except with authorization; (5) those identical with or similar to the name or symbol of the Red Cross or the Red Crescent; (6) those having the nature of discrimination against any nationality; (7) Those deceptive, which are likely to mislead the public to misidentify the quality or other characteristics or place of origin of the goods; and (8) those detrimental to socialist morality or customs, or having other harmful influences.

The geographical names of the administrative divisions at or above the county level and the foreign geographical names well-known to the public shall not be used as trademarks, but those geographical names having otherwise meanings or serving as component part of collective mark or certification mark shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.