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Prohibited Signs

TermPublished 2026-09-17 · Updated 2026-09-17

Prohibited signs are the situations listed in Article 10 of the Trademark Law under which a sign may not be used as a trademark, covering state symbols, international organization emblems, official inspection marks, the Red Cross and Red Crescent, and more.

Prohibited signs are signs that may not be used as trademarks under Article 10 of the Trademark Law. Unlike Article 11 ("may not be registered"), Article 10 prohibits the act of use itself; it is an absolute forbidden zone with no room for registration by acquiring distinctive features through use. Such signs involve the public interest and public order and good customs, and no market participant may appropriate them as exclusive property.

Article 10(1): Eight Categories of Prohibition

  • Item (i): 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, and signs identical to the names or emblems of central state organs or the names or graphics of landmark buildings at specific locations where central state organs are located;
  • Item (ii): signs identical or similar to the state names, national flags, national emblems, or military flags of foreign countries, except with the consent of the government of that country;
  • Item (iii): signs identical or similar to the names, flags, or emblems of intergovernmental international organizations, except with the consent of the organization or where the public is not easily misled;
  • Item (iv): signs identical or similar to official signs or inspection marks indicating control or guarantee, except with authorization;
  • Item (v): signs identical or similar to the names or emblems of the "Red Cross" or "Red Crescent";
  • Item (vi): signs carrying ethnic discrimination;
  • Item (vii): signs that are deceptive and likely to mislead the public about the quality or other characteristics of goods, or their origin;
  • Item (viii): signs detrimental to socialist morality or customs, or having other adverse effects.

The common feature of the eight items: these signs involve national dignity, intergovernmental international organizations, official certification marks, ethnic relations, and the public interest and public order and good customs—public resources or sensitive content that no market participant may monopolize.

Three practical notes:

  1. Item (i) regulates state symbols beyond names and emblems, extending to the names of specific locations where central state organs are located and the names and graphics of landmark buildings;
  2. Items (ii), (iii), and (iv) all contain exceptions (consent of the foreign government, consent of the international organization or no easy misleading of the public, authorization), but exceptions must be supported by consent or authorization documents and cannot be presumed;
  3. The "other adverse effects" catch-all in item (viii) has the broadest scope; in practice, signs that may harm social public interests, public order, or public sentiment are all brought within it.

Article 10(2): Restrictions on Geographical Names

The names of administrative divisions at or above the county level, or foreign place names known to the public, may not be used as trademarks, except in the following situations:

  • The place name has another meaning: the word has another meaning commonly recognized by the public besides being a place name;
  • As a component of a collective mark or certification mark: GI-type collective marks and certification marks use place names to indicate the region of origin, and are express exceptions;
  • Trademarks already registered using place names remain valid.

Two situations must be distinguished: use of a place name as the sign itself is restricted by Article 10(2); a sign containing a place name whose goods do not come from that place and that may mislead the public is a matter of deceptive signs under Article 10(1)(7), with more serious consequences.

Distinction from Article 11

  • Different phrasing: Article 10 says "may not be used as a trademark"; Article 11 says "may not be registered as a trademark";
  • Different nature: Article 10 is an absolute prohibition; Article 11 is a registration obstacle that can be crossed;
  • Different remediability: Article 10 leaves no room for acquiring distinctiveness through use; Article 11 allows registration after acquiring distinctiveness under Article 11(2).

Legal Consequences

  • Application stage: under Article 30, where an application does not conform to the provisions of this Law, CNIPA shall refuse it and withhold publication;
  • After registration: under Article 44(1), a registered trademark that violates Article 10 shall be declared invalid by CNIPA; other entities or individuals may also request that it be declared invalid;
  • Use stage: even without applying for registration, using prohibited signs on goods, packaging, store signs, or promotional materials may result in administrative enforcement and platform measures.

Practical Points

Run through the prohibited-signs checklist before naming and design: anything involving state names, national flags and emblems, military symbols, intergovernmental international organizations, official inspection marks, the Red Cross and Red Crescent, ethnic and religious elements, place names, and vocabulary likely to provoke negative public reaction is excluded. If the artistic design of a brand logo uses geometric compositions similar to the national emblem or military emblems, or imitates the style of official certification marks, adjust it before filing. For brands containing place names, first confirm whether the place name has another meaning, whether the goods' origin matches the place name, and consider the collective-mark or certification-mark route.

The application of these concepts in practice varies in detail; before proceeding, you may consult a registered agent via MyTMBee for targeted analysis.