We often see some trademarks containing geographical names, such as L'Oréal Paris,  etc.  Because the humanistic or natural factors in certain places give their products a good reputation in certain aspects, business entities often add geographical names to their trademarks to indicate that the product provider or the product comes from a certain place.  Although from a business perspective, adding geographical names to trademarks may increase product sales, it should be noted that adding geographical names to trademarks is strictly restricted by the Trademark Law.

We will discuss the issue of the registrability of trademarks containing geographical names in this article.  Article 10.2 of Trademark Law stipulates: The geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical terms as have otherwise meanings or are a part of collective marks/or a certification mark shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.  This article conveys to us three levels of legal provisions:

First level: Geographical names of administrative divisions at or above the county level in China, as well as foreign geographical names known to the public, are not allowed to be used as trademarks.  To expand, according to the provisions of the CNIPA's "Guidelines on Application, Registration and Use of Trademarks Containing Geographical Names", geographical names in administrative divisions at or above the county level in China include:

1. The mark only consists of geographical names of administrative divisions at or above the county level in China, for example: "金东" under No. 20478400 ("金东" is the name of Jindong District, Jinhua City, Zhejiang Province);

2. The mark contains the geographical name of an administrative division at or above the county level in China, for example: "大美雅江" under No. 43525329 (trademark meanings: beautiful Yajiang, Yajiang is the name of an administrative division at or above the county level in my country);

3. The text composition is not exactly the same as that of geographical names in administrative divisions at or above the county level, but the shape and pronunciation are similar enough to cause the public to misunderstand the geographical name, making it easy to misidentify the geographical of origin, for example: No. 30283813 ("北川", "Beichuan" belongs to names of administrative divisions at or above the county level);

4. It consists of the abbreviations of two or more geographical names of administrative divisions, which may easily cause the relevant public to misunderstand the geographical of origin and other characteristics, for example: "川渝" No. 7383844 (川is the abbreviations of Sichuan province and "渝" is the abbreviations of Chongqing City;

5. Geographical names have other meanings, but when the geographical name is used in combination with "city, county, district", etc., the geographical name has an obvious meaning, such as "青藏"（"Qinghai-Tibet"）, etc.

The foreign geographical names known to the public include:

1. The mark only consists of foreign geographical names known to the public, for example: "" No. 18982590;

2. The mark contains a foreign geographical name that is known to the public and is prone to misidentification of the geographical of origin, for example: "IRO PARIS" No. 39965759, "老京都蔡记" ("Old Kyoto Cai Ji") No. 26224782;

3. The text composition is not exactly the same as the foreign geographical names known to the public, but the shape and pronunciation are similar enough to make the public misunderstand the geographical name, resulting in signs of misunderstanding of the geographical of origin, such as: 小吧黎(similar to 小巴黎, similar to "little Paris in Chinese"), etc.

Second level: If the geographical name has a stronger meaning than the geographical name, or is part of a collective trademark or certification mark, it can be used or registered as a trademark, for example: "无极帝国” ("Wuji Empire") No. 21809458, ("Wuji" is the name of the administrative division of Wuji County, Shijiazhuang City, Hebei Province, and the trademark "无极帝国” ("Wuji Empire") has produced other meanings that are different from the above geographical names; "柳州螺蛳粉" ("Liuzhou Snail Noodles") No. 19254463 certification mark (Registrant: Liuzhou Snail Noodles Association, approved for use Product: instant vermicelli; rice noodles).

The third level: marks do not meet the above two requirements, but the marks have been already registered, so they continue to be valid.  Although these marks should continue to be valid, according to the provisions of the CNIPA's "Guidelines on Application for Registration and Use of Trademarks Containing Geographical Names", registered trademarks may also face the risk of invalidation actions. Due to different historical backgrounds, changes in administrative zoning and changes in the applicant's use and business conditions, whether it can successfully maintain the registration in the possible invalidation procedure requires detailed analysis.

China has a vast territory and there are countless well-known geographical names from all over the world.  In view of the limitations of the applicant's personal knowledge, a trademark that seems to be distinctive or creative, may also enter the forbidden area of "marks containing geographical names". Therefore, before applying for a trademark registration, the applicant should consult a professional agency to avoid possible rejection.