A refusal based on the prohibited signs under Article 10 of the Trademark Law is the hardest to overturn among all absolute grounds. In most situations (state symbols, adverse effects, etc.), the examination standards are rigid and the success rate of a refusal review is extremely low; only a few situations leave some room for argument, which must be assessed case by case.
Situations with Virtually No Remedy
- Identical with or similar to state names, national flags, national emblems, military flags, etc. (Article 10(1), Items (1) and (2)): an absolute prohibition — do not waste the review fee;
- Detrimental to socialist morals or customs, or having other adverse effects (Article 10(1), Item (8)): signs involving political sensitivity, pornographic or violent implications, or maliciously riding on major public events have virtually no room;
- Signs of ethnic discrimination, or exaggerated and deceptive advertising: likewise very difficult to argue.
Situations with a Slim Chance
- The misidentification test for "deceptive" signs (Article 10(1), Item (7)): if you can demonstrate that, in the perception of the relevant public, the association between the sign and the characteristics of the goods does not constitute misleading, there are occasional precedents of success;
- The exception for place-name trademarks (Article 10(2)): place names at or above the county level are excluded if they "have other meanings" or form part of a collective or certification trademark. If the overall meaning of your sign is clearly distinct from its place-name meaning (such as "Phoenix" or "Chang'an" type words), you can argue that its other meaning outweighs the place-name meaning;
- The boundary of similarity to foreign state names: if only individual letters coincide, you can argue that the signs as a whole are not similar.
More Realistic Ways Out
If the assessment shows that a review is hopeless, adjust your strategy decisively:
- Amend the sign: remove the elements that trigger the prohibited signs, keep the registrable core, and refile;
- Rebrand entirely: for signs that merely chase trends or skirt the edges, a quick change beats prolonged pain;
- Prevention first: screen new applications against the prohibited signs in advance to avoid the Article 10 minefield from the outset.
In short: for an Article 10 refusal, calmly assess the room for argument first; if it is clearly hopeless, do not force a review — spend the budget on a new trademark instead.
If you are facing the issues above, you can first run a trademark registration assessment on MyTMBee to confirm feasibility before deciding whether to file, avoiding wasted official fees from blind filings.