The China National Intellectual Property Office recently issued new guidance on signs which are prohibited from being used as trade marks in that territory.
The guidance was made in accordance with Chinese trade mark law which aims to prevent registration of signs which are contrary to public interest or order, the dignity of the state or discriminatory and harmful in relation to religion or social morality. It also indicates that signs should not be similar to the name of a another country, unless it can be shown that the government of that country has agreed. This can be shown by a trade mark registration in the other country in the same or similar classes or goods or services.
Similar rules on trade mark registrations apply in most jurisdictions. The China National Intellectual Property Office recently also issued separate guidance on when trade marks containing geographical names will be acceptable.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
Posted by: Megan Walker in: Regulatory, Trade Marks
