Signs that cannot be registered as trademarks fall into two categories: first, signs absolutely prohibited from use as trademarks under Article 10 of the Trademark Law, such as signs identical or similar to state names or national flags; second, signs lacking distinctiveness under Article 11, such as generic names of goods and signs merely and directly describing product features — except where such signs have acquired distinctive character through use.
Signs Absolutely Prohibited from Use (Article 10)
The following signs not only cannot be registered — they may not be used as trademarks at all:
- Signs identical or similar to the state name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, or medals of the People's Republic of China, as well as signs identical to the names or symbols of central state organs, or the names of their specific locations or landmark buildings.
- Signs identical or similar to foreign state names, national flags, national emblems, or military flags, except with the consent of that country's government.
- Signs identical or similar to the names, flags, or emblems of intergovernmental international organizations, except with the organization's consent or where the public is unlikely to be misled.
- Signs identical or similar to the names or symbols of the Red Cross or the Red Crescent.
- Signs ethnically discriminatory in nature.
- Deceptive signs that may easily mislead the public as to the quality or other characteristics, or the place of origin, of the goods — such as using the word "organic" on non-organic products.
- Signs detrimental to socialist morality or having other unhealthy influence.
- Place names of administrative divisions at or above the county level, and foreign place names known to the public, may not be used as trademarks — except where the place name has another meaning, or forms part of a collective mark or certification mark.
Signs Not Registrable but Usable (Article 11)
- Signs consisting solely of the generic name, device, or model number of the goods — e.g., a "Mobile Phone" brand mobile phone.
- Signs merely and directly indicating the quality, main raw materials, function, use, weight, quantity, or other features of the goods — e.g., a "Sweet" brand candy or a "Warm" brand of thermal underwear.
- Other signs lacking distinctive character, such as overly simple lines or ordinary advertising slogans.
These three categories of signs may be registered as trademarks if they have acquired distinctive character through long-term use and are capable of identification — the typical example being Liangmianzhen toothpaste.
Practical Tips
Screen a name against the above provisions at the naming stage, so that design costs are not sunk before a rejection at examination. For the Article 10 prohibited-signs clauses, examination practice takes a strict stance, and there is no room for acquiring registrability through use.
In similar situations, it is advisable to first consult a CNIPA-recorded trademark agent on MyTMBee to assess whether a trademark registrability assessment is needed before deciding on the next step.