In China, there are a number of restrictions on the registration of trademarks. Their purpose is to protect public order, national symbols and international agreements as well as to prevent discriminatory or misleading trademarks.
Trademarks that are identical or similar to the names, flags or emblems of countries or national and international organizations are not eligible for registration – unless the express consent of the government or organization concerned has been obtained. Trademarks that are racially discriminatory or violate socialist morals are also not registrable. In addition, geographical names of administrative regions and trademarks that merely describe the generic names or characteristics of goods cannot be registered.
In some cases, a trademark may develop certain characteristics after its use that facilitate its identification. In such cases, it may be eligible for registration as a trademark despite the prior restrictions. An example is a color combination mark. Applicants must provide sufficient evidence to show that this color combination mark has acquired significant characteristics through long-term or extensive use and is therefore capable of identifying and distinguishing the origin of goods and services. This means that when people see the color combination, they immediately think of a specific source instead of just the color combination itself.
With these regulations, China is trying to create a fair and legally compliant trademark register. Compliance with the rules is intended to ensure that registered trademarks meet the legal requirements and do not cause confusion or misunderstanding among consumers.
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China Intellectual Property Blog 