By Xiaoxue Xiang
In China, whether a trademark can be successfully registered depends not only on its overall design but also on the legality and appropriateness of its “partial elements.”
These components, though not always the core visual elements of the mark, are subject to rigorous scrutiny by the China National Intellectual Property Administration (CNIPA).
“Partial elements” refer to:
Descriptive terms that directly characterize goods/services;
Geographic names relating to administrative or physical locations;
Enterprise names involving registered business names;
Elements that may negatively affect public order or morals;
Content that conflicts with existing prior rights such as trademarks, copyrights, or trade names.
Reviewing the legality of these elements involves interpreting China’s Trademark Law holistically, especially provisions regarding prohibited signs, distinctiveness, and the protection of prior rights.
A recent article in China Trademark magazine, authored by CNIPA experts, analyzed real cases where improper partial elements led to registration refusals.
The key message is this: strong trademark design in China must combine creative vision with legal compliance.
This article outlines five high-risk categories of partial elements and provides practical guidance for foreign brands seeking trademark registration in China.
1. Descriptive Terms and the Test of Distinctiveness
Words like “pure natural,” “organic,” “green,” and “eco-friendly” are commonly used in product marketing worldwide. But when included in trademarks, especially for food, cosmetics, and agricultural goods, they are often deemed misleading or non-distinctive under Article 10(1)(7) of the Trademark Law, which prohibits deceptive marks.
Example: A rice brand featuring the phrase “纯天然原生态” (“pure natural original ecology”) in small font was refused registration. Despite its secondary placement, the CNIPA ruled that the phrase exaggerated product qualities and might mislead consumers about the production environment.
Compliance Tip for Foreign Brands: Avoid “greenwashing” language in Chinese trademarks, even if such terms are acceptable in your home market. Chinese examiners apply stricter criteria to product claims in trademark applications than in advertising.
2. Use of Business Names and Geographic Misrepresentation
Trademarks that incorporate unrelated company names or place names may create confusion about product origin, thus violating Article 10(1)(7).
Example 1: A company in Shandong included “香港体会制衣有限公司” (“Hong Kong Tihui Garment Co., Ltd.”) in its trademark, without any affiliation to Hong Kong. The CNIPA ruled that this misrepresented geographical and corporate identity.
Example 2: A private applicant’s attempt to register “世界动物医疗保健联盟” (“World Animal Healthcare Alliance”) was rejected for suggesting an official or international organization affiliation.
Compliance Tip for Foreign Brands: Enterprise names used in trademarks must match the name on your business license. If using a geographic element, provide solid documentation to prove business presence in that location.
3. Partial Use of Well-Known Trademarks
Under China’s Trademark Law Article 13(3), even indirect or stylized imitations of famous marks are prohibited. This includes partial use, where applicants embed key elements of well-known trademarks to suggest association.
Example 1: A liquor product branded “劲之道劲” was refused because “劲” (“Jin”) closely associated with the well-known “Jin Jiu” (劲酒) brand.
Example 2: A mark “U郎” that included “郎” (“Lang”) was seen as riding on the reputation of “Langjiu” (郎酒), another famous liquor brand.
Compliance Tip: China’s famous trademark protection is extremely robust and cross-category. Avoid even phonetic or stylistic similarities with well-known Chinese or foreign trademarks.
4. Vulgar or Inappropriate Terms and Moral Standards
Article 10(1)(8) of the Trademark Law prohibits marks that are harmful to socialist morality or may negatively affect public sentiment. Words like “fool,” “idiot,” or “dumb” may seem humorous or edgy in the West but are often flagged in China as culturally insensitive or lowbrow, even if presented in small fonts or cartoon form.
Comparative Perspective: A U.S. streetwear brand attempted to register a mark translating loosely as “Dumbass” (rendered in Chinese as “笨小孩” or “silly kid”) using playful illustrations. Despite the light tone, CNIPA refused the mark, citing its possible impact on youth values.
Compliance Tip for Foreign Brands: Localize your linguistic choices. Engage local IP counsel to evaluate semantic risks and avoid unintentional cultural offense.
5. Use of Geographic Names without Proper Justification
Article 10(2) of the Trademark Law bars the use of names of administrative regions (county level or above) unless:
The name has an alternative meaning unrelated to geography; or
The mark truthfully reflects product origin.
Example 1: A Shanxi company applied for a mark containing “哈尔滨” (“Harbin”), though the company had no connection to the city. The application was rejected.
Example 2: A café brand used “门前京北” (which reverses to suggest “Beijing Front Gate”) without any Beijing business operations, and was similarly denied registration.
Compliance Tip: Don’t use Chinese geographic names unless your brand has legitimate business operations in that location. Even subtle or reverse-order use of place names can trigger rejection.
Key Takeaways for International Brands
Trademark review in China is meticulous, placing equal emphasis on cultural sensitivity, public interest, and legal precision. A well-designed logo or name may still be refused if:
It contains misleading descriptive claims;
It implies affiliation with other businesses or institutions;
It includes vulgar, controversial, or offensive terms;
It mimics famous trademarks;
It uses unauthorized geographic names.
What Foreign Applicants Should Do:
Pre-screen all components of a proposed trademark (including slogans, subtitles, and background elements).
Avoid references to celebrities, government entities, or famous locations unless properly authorized.
Work with experienced Chinese trademark agents who can assess both linguistic and legal compliance.
Always consider the cultural implications of language and design choices.
Final Thoughts
China’s focus on partial element compliance reflects a dual-track governance approach, balancing legal structure with cultural harmony. Foreign applicants must treat trademark design not only as creative expression but also as a compliance exercise.
From font choice to image nuance, from translation accuracy to layout balance, each decision must align with the letter of the Trademark Law and the spirit of Chinese public values. Trademark registration in China begins not with filing, but with thoughtful, culturally and legally informed design.
Let compliance guide creativity, and your trademark will have a better chance of success in the Chinese market.