By Joy Dong
Using a year in a trademark is typically meant to indicate the founding year or historical origin of a brand or company, conveying its long history and heritage. This kind of marking not only enhances the brand’s credibility but also helps build a sense of trust in the minds of consumers. For many brands, labels such as “SINCE 1982” or “EST. 1996” carry significant commercial and emotional meaning.
However, in China’s current trademark examination practice, years are increasingly treated as legal risk factors rather than neutral design elements. A growing number of trademark applications containing dates have been refused, even at the review stage, signaling a stricter and more cautious approach by Chinese authorities.
Rejection cases involving “year‑related” trademarks published on the China Trademark Office website:
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Why Years Attract Scrutiny
Under China’s Trademark Law, signs that are deceptive or likely to mislead the public as to the quality, characteristics, or origin of goods or services are prohibited from registration. In examination practice, a year is rarely viewed as a neutral element.
Examiners and review panels tend to assume that a date, especially when preceded by words such as “SINCE”, will be understood by consumers as:
the founding year of the brand or company
the start of business operations
a reference to product age, history, or quality
If that implied meaning cannot be clearly proven, or does not correspond to the actual facts, the mark is likely to be considered misleading.
Common Scenarios Leading to Refusal
In recent cases, applications have been rejected where:
the stated year did not match the applicant’s establishment date
the year suggested a longer business history than could be substantiated
the year could be interpreted as indicating product characteristics (for example, vintage or age-related qualities in alcohol or food)
the year appeared prominently and independently, rather than as a minor design element
Importantly, even where the year is historically accurate, examiners may still find that it directly describes or exaggerates a commercial feature, rather than functioning as a source identifier.
When Can a Year Be Accepted?
China does not prohibit numerical trademarks as a matter of principle. Some applications containing years have been approved where:
The number has no obvious or direct connection to the goods or services
It forms part of a larger composite mark and lacks independent distinctiveness
The general public is unlikely to interpret that year as a factual description of the origin, history, quality, or other characteristics of the goods or services.
The key question is not whether the year is “true,” but how the relevant public is likely to interpret it.
A Trend Toward Consumer-Centric Examination
As the number of registered trademarks continues to grow, China’s trademark system is placing greater emphasis on clarity, transparency, and consumer perception. Authorities are increasingly cautious of elements that “may blur the line between branding and factual representation”.
From this perspective, years are treated less as decorative symbols and more as implicit statements, capable of influencing purchasing decisions.
Practical Takeaways for Brand Owners
For companies operating in or entering the Chinese market:
Treat years in trademarks as high-risk elements, not marketing defaults
Unless the evidence is very strong and logically consistent, the use of “SINCE + year” or similar year‑based elements in a trademark should be approached with caution.
Consider alternative ways to communicate brand history outside the trademark itself
If the year is crucial to the brand strategy, one should be mentally and legally prepared for the possibility of rejection and for defending the mark during the review process.
Ultimately, the fate of a numerical trademark in China does not depend on the number itself, but on the imagined connection consumers may draw between that number and the product or service.
Brand owners should be aware that, in the current examination environment, any meaningful expression that “tells a story” the trademark law is unwilling to recognize may lead to legal risks, even if the original intention is good.