9 July 2014
Online CBA: Can a Foreign Place Name Be Registered as a Trademark in China?
Q: Can a Foreign Place Name Be Registered as a Trademark in China?
A: Article 10 of the Trademark Law of the PRC stipulates that "names of administrative divisions at or above the county level and foreign place names that are known to the public shall not be used as trademarks".
Article 16 stipulates, “Where a trademark contains a geographical indication of goods and the goods are not from the region indicated therein, thus misleading the public, the trademark shall not be registered and shall be prohibited from use. However, those having been registered in a bona fide manner shall remain valid”. "The geographical indication mentioned in the preceding paragraph refers to a mark indicating that the specific goods originate from a particular region and that the specific quality, reputation, or other characteristics of the goods are mainly determined by the natural or cultural factors of the region".
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