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Can a place name be registered as a trademark?
Release Time：
2021-12-21
Source: State Intellectual Property Office Release time: 2021-12-21
According to Article 10 of the Trademark Law, 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, if the place name has other meanings, such as "West Lake" and "Phoenix", or is part of a collective trademark or certification mark, such as Shaoxing rice wine and Pixian Douban, it can be registered as a trademark. There is no clear legal provision that place names in administrative divisions below the county level cannot be used as trademarks. However, considering that place names are public resources and based on the basic consideration of balancing public interests and private rights, all trademark registration applications containing place names will be rejected during the trademark review process. Critical review. If the place name in the trademark is likely to cause the public to misunderstand the origin of the goods, then the place name cannot be registered and used as a trademark. Even if a trademark containing a place name is registered, others still have the right to legitimately use the place name in the trademark.
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