In the current Trademark Law, there are four clauses that explicitly mention place names or directly refer to place names: The first is Article 10, Paragraph 2 of the Trademark Law, which stipulates that “place names of administrative divisions at or above the county level or that are known to the public” The ban on "foreign place names" is what people usually call the ban on place names; the second is Article 16 of the Trademark Law, which bans false geographical indications. People usually understand it as the protection of geographical indications under the Trademark Law. ; The third is Article 11, Paragraph 1, Item (2) of the Trademark Law, which is a sign indicating the origin of goods, that is, a descriptive mark that lacks distinctive characteristics; The fourth is Article 10, Paragraph 1 ((2) of the Trademark Law) Item 7), that is, signs with the nature of misidentification of origin.

These four clauses are different in nature and have different legal consequences.

Items (7) and 2 of Article 10, Paragraph 1, are signs that are prohibited from being used as trademarks. Not only can they not be registered, they cannot also be used as trademarks. In other words, use is illegal and will not only bring no legal benefits, but will incur legal liability.

The provisions on geographical indications in Article 16 are the same in nature as Article 10, Paragraph 1, Item (7), and more serious than the latter, but from the perspective of Article 45 of the Trademark Law Judging from the regulations, it is only a relative reason for not being registered, that is, it belongs to the type of conflict of rights.

Item (2) of Article 11, Paragraph 1 only prohibits registration, can be used, and may gain distinctiveness through use, but it should be noted that these place names cannot fall under Article 10 and Article 10. The circumstances specified in Article 16.

The scope of application of Paragraph 2 of Article 10 is strictly limited, and only two types of place names are applicable:

First, China’s place names are limited to place names of administrative divisions above the county level (including (abbreviation), place names that are not administrative divisions (such as the names of mountains and rivers), and place names of administrative divisions below the county level (such as the names of towns, villages), are not included in this scope; second, foreign place names must be marked with "public knowledge" ” as a condition. At least how to understand "public knowledge", does it mean that the public knows that this is a foreign place name (without knowing where it is), or does it mean that the public not only knows that this is a foreign place name, but also knows which country and place it refers to. At present, I haven't seen any clear explanation. However, the place names of administrative divisions above the county level in China are not subject to public knowledge.

Article 10, Paragraph 2 of the Trademark Law also stipulates three exceptions to the prohibition of place names: First, registered trademarks containing place names refer to the 1993 amendments that came into effect (July 1, 1993) The second is that the place name is an integral part of the collective trademark and certification mark, which need not be mentioned; the third is that the place name has other meanings. The meaning of this "other meaning" itself is not vague (although it cannot be said to be very clear), but people's understanding and interpretation complicate the issue. The "other meaning" of a place name cannot just be a literal meaning, it must be an objective meaning (based on public perception), and it must be the main meaning in the minds of most people (the place name is a secondary meaning), such as " "Phoenix" (the legendary bird name vs. Fenghuang County, Hunan). "Other meanings" cannot be called "secondary meanings", and there is no possibility of having "secondary meanings" (obtaining distinctiveness) through use.

A brief review of the situations stipulated in the above four articles can be summarized into two aspects: first, place names that have nothing to do with the place of origin of the goods, that is, Paragraph 2 of Article 10 of the Trademark Law; second, place names that have nothing to do with the place of origin of the goods; Relevant place names can be further divided into three types: first, they are descriptive, that is, they indicate the relationship between the goods and their true place of origin, often lacking in distinctiveness; second, they are misdescriptive, that is, they falsely indicate the place of origin. But these four situations are often mixed together, which is really a "chaos"! They must be carefully analyzed and chosen carefully when understanding and applying them.