Elements That Cannot Be Registered as Trademarks

Which Elements Cannot Be Registered as Trademarks?

In today's increasingly competitive business environment, trademarks play an important role in representing corporate brands. Their protection and registration are therefore crucial. However, not all elements can be registered as trademarks. According to relevant provisions of China's Trademark Law, the following types of elements cannot be registered as trademarks.

Firstly, signs lacking distinctiveness cannot obtain trademark registration qualifications. For example, signs composed solely of generic names, graphics, or models of goods, or those that merely directly describe the quality, main raw materials, functions, uses, weight, quantity, or other characteristics of the goods. These signs are too ordinary or descriptive, making it difficult to distinguish the source of specific goods. For instance, if a company attempts to register high-quality as its product trademark, this word is too common for consumers to identify a specific brand through it. Therefore, such trademark applications are usually rejected.

Secondly, signs identical with or similar to the national name, flag, emblem, military flag, or medal of the People’s Republic of China are prohibited from being used as trademarks. This restriction applies not only to Chinese symbols but also to foreign national names, flags, and emblems. Signs identical with or similar to those of international organizations, including their flags, insignias, and names, are also restricted. These regulations aim to maintain national dignity and harmony in international relations. For example, if an enterprise attempts to register a trademark similar to the United Nations' emblem, it will encounter legal obstacles.

Thirdly, signs containing ethnic discriminatory content cannot be registered as trademarks. Such signs can hurt the feelings of specific ethnic groups and disrupt ethnic unity and social stability. For example, even if designed cleverly, signs containing words or patterns insulting to minorities do not meet the requirements for trademark registration.

Moreover, exaggerated and deceptive signs are not allowed either. These signs may mislead consumers and cause them to have incorrect perceptions about the true nature of the goods. For example, claiming that a certain food has the effect of curing all diseases when there is no such effect, such exaggerated promotional signs clearly fail to meet the standards for trademark registration.

It is worth noting that in recent years, with the enhancement of intellectual property awareness, more and more enterprises have begun to attach importance to trademark protection. For instance, Alibaba Group once drew widespread attention due to the trademark rights issue of the term Double Eleven. Although Double Eleven was initially just a common date combination, after years of market promotion and use, it has acquired distinct recognizability and commercial value, thus obtaining the qualification for trademark registration. This indicates that even some elements that initially lack distinctiveness can potentially become registrable trademarks through long-term use and promotion.

To sum up, trademark registration is not arbitrary but requires compliance with a series of laws and regulations. Only those signs with uniqueness and capable of effectively distinguishing the source of goods or services can successfully be registered as trademarks. For enterprises and individuals, understanding these rules helps better protect their own rights and avoid unnecessary legal disputes.