CBL’s Introduction
Trademarks in China cannot mention the name of the country or aspects of its heritage, or that of other countries. The following official rules, translated to American English, explain the specific requirements.
Examination Guidelines for Trademarks Containing the Terms “China” or “Chinese”
The purpose of these Guidelines is to standardize examination practices for trademarks containing the terms “China” or “Chinese” in order to support business interests and economic development under the Trademark Act of the People’s Republic of China and other applicable laws.
Chapter 1 Legal Basis
Under the China Trademark Act, any proposed mark that contains terms identical or similar to the official name of the People’s Republic of China or contains the terms “China” or “Chinese” shall be examined in accordance with the following provisions:
1. Pursuant to China Trademark Act §10, the following may not be registered as trademarks:
(a) Marks identical or similar to the name of the People’s Republic of China, its national flag or emblem, flags or medals of the People’s Liberation Army, or marks identical or similar to the names or depictions of key central government buildings or landmarks;
(b) Marks identical or similar to the name, flag, emblem, or military flag of another country, unless explicitly authorized by that country’s government;
(c) Marks identical or similar to the name, flag, or emblem of an international organization if likely to mislead the public, unless expressly authorized by that organization;
(d) Marks containing exaggerated or deceptive representations;
(e) Marks damaging to socialist morality or otherwise having a bad influence.
2. Pursuant to Trademark Act §11, the following may not be registered as trademarks:
(a) Marks consisting solely of generic product names, graphics, or models;
(b) Marks lacking distinctiveness.
Chapter 2 Examination Guidelines for Marks Containing “China”
Applications for trademarks containing terms identical or similar to “China” may receive preliminary approval only if both the mark and the applicant meet the following four conditions:
1. The State Council or its authorized agency has verified the applicant’s legal standing and the applicant’s name is registered with the jurisdictional business registrar.
2. The proposed mark matches the applicant’s official business name or an authorized abbreviation approved by the State Council or its authorized agency.
3. The proposed mark must be clearly associated with the applicant’s business.
4. The goods or services covered by the proposed mark in the trademark application must align with the applicant’s permitted business activities.
Chapter 3 Examination Guidelines for Marks Containing the “国” Character (Chinese)
Any proposed mark beginning with the word “Chinese” shall be examined in strict compliance with the following rules:
1. Any trademark application that combines “Chinese” with a product name, or otherwise incorporates such a combination, shall be refused on the grounds of exaggeration, deception, lack of distinctiveness, or bad influence.
2. Applications in which “Chinese” appears at the beginning of the mark but does not solely combine the term with a product name shall be assessed individually. Marks that are merely descriptive of product quality, are deceptive, hinder fair market competition, or are otherwise politically incorrect shall be refused.
Trademark applications that begin with or include “China” or “Chinese” shall be thoroughly examined at multiple levels by the jurisdictional examination office, the Trademark Office, and the Trademark Trial and Appeal Board. Such examinations shall be thorough.
Applicants may submit additional documentation at any time during the trademark application process.
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Source: https://sbj.cnipa.gov.cn/sbj/tzgg/201007/t20100728_21488.html