Legal basis: Trademark Law of People's Republic of China (PRC).
Article 8 Any sign that can distinguish the commodities of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional signs, color combinations, sounds and combinations of the above elements, may apply for registration as a trademark.
Article 9 A trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. Trademark registrants have the right to indicate "registered trademarks" or registration marks.
Article 10 The following signs shall not be used as trademarks: (1) identical with or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military song and medal of People's Republic of China (PRC), identical with the names and signs of central state organs, the names of specific places or the names and graphics of landmark buildings; (2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except with the consent of the government of that country; (3) identical with or similar to the name, flag, emblem, etc. Intergovernmental international organizations, except with the consent of the organization or not easily misleading the public; (4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized; (5) identical with or similar to the names and symbols of the Red Cross and Red Crescent; (six) with ethnic discrimination; (seven) deceptive, easy to make the public misunderstand the quality or origin of goods; (eight) harmful to socialist morality or other adverse effects. Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.
Article 11 The following marks shall not be registered as trademarks: (1) Only the common name, figure and model of the commodity; (2) directly indicating only the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (three) other lack of distinctive features. A trademark listed in the preceding paragraph may be registered as a trademark if it has obvious characteristics and is easy to identify after use.
Article 12 Where an application for trademark registration is made with a three-dimensional mark, the shape produced only by the nature of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value shall not be registered.
Article 13 Trademark holders who are well-known to the relevant public think that their rights have been infringed may request the protection of the well-known trademark in accordance with the provisions of this Law. A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is not registered in China. It is easy to cause confusion, so it is not registered and prohibited to be used. Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.