A sign consisting solely of the generic name, design, or model of the goods may not be registered as a trademark because it lacks distinctive character. A generic name is the common designation for a category of goods or services; it is a public resource and cannot be monopolized by any single operator.
What Is a Generic Name
Generic names include statutory generic names (names prescribed by national or industry standards) and conventional generic names (designations generally recognized by the relevant public). For example, "智能手机" (smartphone) for mobile phones and "矿泉水" (mineral water) for drinking water are generic names. Whether a term is a generic name is judged by the general understanding of the relevant public, with reference to professional dictionaries, industry standards, and the like.
Why It Cannot Be Registered
Distinctiveness is the soul of a trademark. The function of a generic name is to distinguish one category of goods from another, not to distinguish the source of goods; allowing one operator to monopolize a generic name would impede legitimate business by competitors. Article 11 of the Trademark Law therefore lists it as a ground for refusal of registration. Even if registered, such a mark may be declared invalid.
Descriptive Terms Are Likewise Restricted
Signs that merely and directly indicate the quality, principal raw materials, function, use, weight, quantity, or other characteristics of the goods may not be registered either—for example, "纯净" (pure) for drinking water or "速干" (quick-dry) for coatings. Such terms may be registered only if they have acquired distinctive character through long-term use and have become readily identifiable, but the evidentiary threshold is very high.
Viable Paths
First, combine the generic name with a coined word: if the combination as a whole is distinctive, it can be registered, but no exclusive right attaches to the generic-name portion, and a disclaimer of exclusive rights may be required upon approval. Second, simply steer clear and choose a coined or arbitrary word instead.
Guard Against Your Own Trademark Degenerating
If a trademark becomes the generic name of the goods for which it is approved, anyone may apply for its cancellation. After registration, use the mark in a standardized manner and display the registration notice to prevent the brand from degenerating into a generic name.
If you are facing the issues described above, you can first run a trademark registration assessment on MyTMBee and decide whether to file only after confirming feasibility, avoiding wasted official fees from blind filings.