The provisions of the Trademark Law on place name trademarks are: Paragraph 2 of Article 10 of the Trademark Law stipulates: “Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, place names Except for those with other meanings or as part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid. ”

According to the above legal provisions, administrative divisions at the county level and above and foreign countries known to the public. Place names shall not be used as trademarks. Because Article 10 is a prohibited clause, administrative divisions above the county level and foreign place names known to the public cannot not only be registered as trademarks, but also cannot be used as trademarks.

Relevant regulations on geographical name trademarks

1. Trademarks that are geographically descriptive of goods cannot be registered.

2. Trademarks that are geographically descriptive of the goods but have been used and commercially differentiated the applicant's goods can be registered. That is, trademarks that are geographically descriptive of the goods and have gained distinctiveness through use can be registered.

3. Trademarks that are geographically descriptive of goods can be registered as marks of origin.

4. Trademarks that deceptively misrepresent the geographical location of the goods cannot be registered, whether they have acquired distinctiveness through use or serve as a mark of origin.

5. A trademark that deceptively and misrepresents the geographical location of the goods has become a trademark that distinguishes the applicant's goods before the date of the passage of the NAFTA Implementation Act and continues to be valid.

As can be seen from the above, Article 10, Paragraph 2, of China’s Trademark Law stipulates that place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. It can be seen that registered trademarks of place names are subject to restrictions.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 10

The following signs shall not be used as trademarks Use:

(1) Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, as well as those of the central state organs The name, logo, the name of a specific location or the name or graphics of a landmark building are the same;

(2) The name, national flag, national emblem, military flag, etc. of a foreign country are the same or similar, but have been Except with the consent of the government of the country;

(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

(4) Identical or similar to official signs and inspection marks indicating implementation of control and guarantee, except those authorized;

(5) Same as "Red Cross" and "Red Crescent" "The name or logo is the same or similar;

(6) It is ethnically discriminatory;

(7) It is deceptive and can easily make the public doubt the quality of the product. Misunderstanding of characteristics or place of origin;

(8) Harmful to socialist morals or other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Article 11

The following signs shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

p>

(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other lack of distinctive features.

If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.