China Trademark Database Help

present, the Trademark Bureau of China mainly examines three respects concerning the trademark applied for:

● Whether the trademark is distinctive
● Whether the trademark has used characters or figures prohibited by law
● Whether the trademark is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved

Examination on Whether a Trademark is Distinctive

Trademark Law of the People’s Republic of China, Article 9. Words, figures or their combinations shall be distinctive.

Requiring that a trademark must be distinctive is out of the need to discern a trademark. When a trademark is used in market, it should be obviously identified by the consumers that it is a mark showing that the goods or service is from somebody instead of a mark of other meaning;

Every can't discern and for different operator trade mark of source, belong to and lack remarkable characteristic, inconvenient to discern, accord with" Trademark Law" trade mark that article 7 stipulates . All trademarks which cannot be identified as from somebody are considered as trademarks not distinctive and not in accordance with Article 9 of the Trademark Law of the People’s Republic of China.

The following are 14 kinds of examples:

1.Marks formed by ordinary form or too simple geometric figures

not impressive so it has not the distinctiveness for trademark identification purpose. But not including trademark formed by combinations of geometric figures and words or trademark with distinctive characteristic.

2.Too complicated marks formed by words, figures and their combinations. e.g.

It is hard to remember so it has not the distinctiveness for trademark identification purpose.

3.Trademarks formed by one or two letters, e.g.:

F KI

They are difficult to be identified as trademarks, so it has not the distinctiveness for trademark identification purpose. But not including trademarks formed by letters of disordinary fonts or more than two letters, e.g.:

YSL

4.Trademarks formed by Arabic numbers of ordinary fonts only

（used in goods：lipsticks），301(used in goods：antiseptic）

If being designated to be used in goods using numbers as commodity number or specifications, used in goods requiring to specify weight or contents, they have not the distinctiveness for trademark identification purpose. Not including Arabic number trademarks of disordinary fonts or trademarks designated to be used in other goods or services.

1.2.3.(used in：fast food restaurants）.

5.Trademarks formed by offen-seen family names with ordinary fonts such as:

Wang(used in goods：pastry)，(used in: small restaurants）

which is designated to be used in daily life commodities or services, the family name should not be monopolied by one person, so it has not the distinctiveness for trademark identification purpose. But if in special fonts or used in non-daily-life goods and service, it is exempted from this limitation.

(used in: restaurants) (used in: Computer Maintenance Service)

6.Well acknowledged marks representing good wishes, such as:

furthermore,the trademarks designated to be used in daily life goods or services, due to its well acknowledged meaning, it cannot be identified as trademarks. Therefore it has not the distinctiveness for trademark identification purpose. But if used in non-daily-life goods and service, it is exempted from this limitation.

(used in goods: apparel) (used in: entertainment service)

7.Marks internationally used or issued by governments or agreed-upon within an industry with some specific meaning:

(First Aid Station)

Because it already has its specific meaning and usage, it cannot easily be identified as a trademark, so it has not the distinctiveness for trademark identification purpose.

8.Ordinary name of trade place

BAZA(store) Commerce Center

generally used by whole industry, it has not the distinctiveness for trademark identification purpose.

9.Trademarks formed by language or marks often used in commerce

Folks—Value

it has not the distinctiveness for trademark identification purpose.

10.Trademark formed by ordinary name or simplized name of enterprise or industry.

Legal Office, Light Industry

it has not the distinctiveness for trademark identification purpose.But if the applicant uses his or her own enterprise name as trademark and distinctive part is included in the enterprise name, it will be exempted from this limitation.

Beijing Kangli Co., White Swan Hotel

11.If using package, container of the goods in ordinary form or ornamental figures of general commodities as trademark, it has not the distinctiveness for trademark identification purpose.

(used in goods; beer) (used in goods:Poker Cards)

12. Popular advertising language used by many enterprises cannot be identified as trademark so it has not the distinctiveness for trademark identification purpose.

(used in goods:mooncake) (used in goods; furniture)

But original and non-popular phrases are exempted from this limitation. e.g.:

The Fifth Golden Light Avenue(used in goods: estate development)

Reluctant to Leave (used in goods: detergents)

13.If using ethnic group name as trademark, it is easily be considered by consumers that it is from some ethnic group or embodying ethnic characteristic. Therefore it cannot be identified and has not the function of a trademark, e.g.
Indian (used in :restaurants) , Tibetan (used in goods:blankets)

But if the ethnic name has other meaning, it will be exempted from this limitation:

Gaosan Achang

14.If using ordinary salutations and good manner language as trademark

Hello, Miz

so it has not the distinctiveness for trademark identification purpose.But if not in ordinary form or having become an image, it will be exempted from this limitation:

(used in :detergents)，(used in :instant noodles)