What kinds of trademarks cannot be registered in China?

According to Article 10 and 11 of Trademark Law of the People's Republic of China, the following marks cannot be registered as a trademark:

1. a mark identical with or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, military medal, etc. of the People's Republic of China, and a mark identical with the name and logo of Central government agencies, name of the specific location where it is located or name or figure of landmark building;

E.g.:  China

Zhongguo (Chinese pinyin of China)

 

2. a mark identical with or similar to the country name, national flag, national emblem, military flag of a foreign country, except with the consent of the said government;

 

E.g.:图片1(Chinese pin of United States)

图片2(similar to national flag of Italy)

3. a mark identical with or similar to the name, flag, emblem of an international inter-governmental organization, except with the consent of the said organization or where the public is unlikely to be misled;

E.g.:图片3

图片4(“欧盟” is Chinese translation to “European Union”)

4. a mark identical with or similar to an official logo or hallmark which indicates control or assurance, except where duly authorized;

 

E.g.:图片5(China Compulsory Certificate)

 

5. a mark identical with or similar to the name or logo of "red cross", "red crescent";

6. a mark which is racially discriminatory;

7. a mark which is deceptive, easy to cause the public to be misled over the characteristics such as quality or place of origin of commodities; or

 

E.g.:图片6(零缺陷means “zero defect”, designating dyes.)

       图片7(“枸杞” means “Matrimony vine”, designating food for babies)

8. a mark which is detrimental to socialist morals or has any other adverse impact.

9. Geographical names of administrative regions of county level and above or overseas geographical names well known by the public shall not be used as trademarks, except where a geographical name has any other meaning or where it is an integral part of a collective trademark or certification mark; trademarks bearing a geographical name which have been registered shall continue to be valid.

10. a mark which merely states the generic name, figure or model number of the commodities;

E.g.: 图片8 (designating abrading instruments)

       

      图片9(designating clothing)

11. a mark which merely directly expresses the quality, key ingredients, functions, purposes, weight, quantity and other characteristics of the commodities; or

E.g.: 图片10(designating leakage protector)

     图片11(designating glue for industrial purposes)

12.  a mark which lacks salient features.

 

 E.g.: 图片12(too simple)

       图片13(too complex)

        , 图片14(one or two letters in normal font without any design)

       图片15 (designating cigarette)

 

Where a mark mentioned in the preceding paragraph possesses salient features after use which can facilitate identification, it can be registered as a trademark.