In accordance with China’s legal provisions, a trademark refers to a sign adopted to identify and differentiate the source of goods or services. The revised Law defines registrable trademarks in a broad and modern manner. As stipulated in Article 14 of the Trademark Law, any sign capable of distinguishing the goods or services of a natural person, legal person or other organization from those of others is eligible for trademark registration. Registrable signs explicitly cover words, graphics, letters, numbers, three-dimensional symbols, color combinations, sounds, dynamic marks, and any combination of the above elements. Notably, the Law clarifies that trademark use encompasses acts conducted via the internet and other information networks, fully adapting to the digital development trends of modern commercial activities.
To uphold national dignity, public order and social morality, China’s trademark law sets strict prohibitions on the registration and use of specific signs. Under Article 15, any signs identical with or similar to the name, national flag, national emblem or national anthem of the People's Republic of China, as well as signs associated with the name, flag or emblem of the Communist Party of China, are absolutely prohibited from trademark registration and commercial use. Article 16 further stipulates that the names of administrative divisions at or above the county level and well-known foreign geographical names shall not be used as trademarks, unless such names bear alternative distinctive meanings or serve as components of collective marks or certification marks. In addition, any signs contrary to public order and good morals or likely to cause adverse social impacts shall be rejected for registration.
Distinctiveness is the core and fundamental prerequisite for trademark registration. Article 17 clarifies that a trademark applying for registration must possess distinctive features and be easily identifiable by the public. Signs consisting solely of the generic names, graphics or models of the corresponding goods are ineligible for registration. This provision ensures that basic descriptive terms of commodities remain in public use and available for all market entities. Trademark applicants are required to avoid adopting marks that merely describe the quality, raw materials, functions or other inherent attributes of the target goods or services.
In addition to ordinary commercial trademarks applicable to general market operations, China’s trademark legal system recognizes two special types of trademarks. Article 6 defines collective marks as marks registered by social organizations such as industry associations, for exclusive use by organizational members to indicate membership qualifications in commercial activities. It also defines certification marks as marks controlled by qualified supervisory organizations, which serve to certify the origin, raw materials, quality and other specific quality attributes of goods or services. Furthermore, Article 7 establishes the trademark co-ownership system, allowing two or more natural persons, legal persons or unincorporated organizations to jointly apply for, own and exercise the exclusive rights of a single trademark.
China implements enhanced protection for well-known trademarks to crack down on trademark infringement and safeguard the legitimate rights and interests of trademark holders. Pursuant to Article 63, trademark holders may apply for well-known trademark protection when their trademark rights are infringed. In the trial and handling of trademark-related cases, the national trademark administrative authority or people’s courts designated by the Supreme People’s Court may determine the well-known status of a trademark based on multiple factors, including public awareness of the mark, duration and scope of use, and scale of promotional investment. To curb excessive commercial speculation and misleading publicity, Article 64 explicitly prohibits producers and business operators from labeling or publicizing goods, product packages or promotional materials with the phrase “well-known trademark”. Violators will be subject to administrative fines of up to 100,000 RMB.
The newly revised Trademark Law strengthens law enforcement mechanisms, improves penalty standards, and clarifies the accountability of relevant institutions and practitioners. Specifically, Article 62 prescribes punitive measures for the act of passing off unregistered trademarks as registered ones: where the illegal business volume exceeds 50,000 RMB, a fine of up to 20% of the illegal business volume shall be imposed. Meanwhile, the Law imposes standardized and stringent obligations on trademark intermediaries. Article 65 requires trademark agencies and practitioners to abide by the principles of good faith and professional ethics, and strictly prohibits them from engaging in or assisting clients in any acts that harm national interests, public interests or the legitimate rights and interests of third parties.
China actively integrates into the global intellectual property governance system and strictly fulfills international treaty obligations. Article 12 stipulates that the international registration of trademarks shall comply with the systems established by international treaties concluded or acceded to by the People's Republic of China. In accordance with Article 11, foreign applicants that have no habitual residence or business premises within the territory of China must entrust legally established trademark agencies to handle trademark applications and related procedural matters. This rule ensures that foreign market entities abide by China’s domestic procedural norms while enjoying reciprocal treatment in accordance with relevant international agreements.
● IPcrossark：https://www.ipcrossark.com/en/trademark.html?cid=30
● National People's Congress of the PRC – Trademark Law of the People's Republic of China
● China National Intellectual Property Administration (CNIPA)
● World Intellectual Property Organization (WIPO) – China Intellectual Property System
● Supreme People's Court of the PRC – Intellectual Property Adjudication
