Key Articles of China Trademark Law: 5 Things to Know Before Filing

1. Article 10: Signs that may never be used as trademarks

Signs identical or similar to the name, national flag, emblem or military flag of a State; to the name, flag or emblem of an international intergovernmental organization; to the name or symbol of "Red Cross" or "Red Crescent"; signs of a discriminatory nature; signs of a deceptive nature; and signs harmful to socialist morality or otherwise injurious to public morality.

2. Article 10(2): Geographic names

Geographic names of administrative divisions at or above the county level, or foreign geographic names known to the public, may not be used as trademarks, unless the name has another meaning or forms part of a collective or certification mark.

3. Article 11: Distinctiveness

Signs that consist exclusively of the generic name, graphic representation or model of the goods; signs that merely indicate quality, main raw materials, function, intended purpose, weight, quantity or other characteristics; and signs devoid of distinctive character may not be registered.

4. Article 30: Prior rights as an obstacle

A trademark application that is identical or similar to a trademark already registered or preliminarily approved for identical or similar goods shall be rejected. This is the single most common ground for rejection.

5. Article 32: Prior rights and bad-faith filings

An application may not prejudice prior rights of others, nor may it be filed by unfair means to pre-empt a trademark already used by another party and having a certain influence.