I was chatting with a friend during the weekend break. This friend is a businessman. As we chatted, we talked about trademark registration. He wanted to register a trademark for his product, so he asked about the relevant regulations on trademark registration. And asked me a question? Doesn’t the Trademark Law stipulate that place names and raw materials used in products cannot be used as trademarks? Then why? Wuliangye? Can it be a trademark? Is it because it is a state-owned enterprise?

This question may be a question that many people have, so let’s talk about this little question today. Articles 8 and 9 of the Trademark Law stipulate that any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, symbols, numbers, three-dimensional signs, color combinations and sounds, etc. Any combination of the above can be applied for registration as a trademark. The trademark applied for registration should have distinctive features that are easy to identify and must not conflict with the legitimate rights and interests previously obtained by others. Then the author can summarize four conditions: 1. Significance 2. Non-functionality 3. Non-conflict 4. Visibility.

Articles 10 and 11 of the "Trademark Law" provide for a non-exhaustive list of signs that may not be used as trademarks. The second item of Article 11 only directly indicates the quality of the goods, main raw materials, Function, purpose, weight, quantity and other characteristics; the third item lacks distinctive characteristics. This is why everyone has questions about why Wuliangye can still be registered. In fact, everyone has a one-sided understanding. Because the law stipulates that it cannot be registered, it does not mean that it cannot be used as an ordinary trademark. After using it for a period of time, consumers will distinguish Wuliangye from Wuliangye. Associating the wine produced by Yibin Distillery in Sichuan, Wuliangye has acquired distinctiveness due to its use and has become well-known, meeting the distinctiveness requirements of Article 8 and Article 9. Therefore, Wuliangye as a registered trademark fully complies with legal regulations.

Everyone’s doubts should be cleared up at this point. It goes without saying that similar trademarks such as “Zhonghua” exist. Next time, don’t think that they are state-owned enterprises and have special privileges. .