Trademark in China – Unregisterable Marks

  • marks that cannot be presented in graphics (e.g. acoustic jingles, special odours, television broadcast)
  • marks that cannot distinguish products and services
  • marks that are solely formed from signs or information that in the business segment identify type, quality, quantity, purpose, value of products or services, information on geographical origin or time of product production or service performance
  • marks that are solely formed from signs or marks which are usually used in standard language or in good will and within business practice
  • marks that are solely formed by shape of the product, which is implied by its character or which is required to reach the technical result or which makes significant utility value of the product (product shape that is used in general or that is subject to technical properties of the goods)
  • marks that conflict with public order or morality
  • marks that may mislead the public, especially regarding character, quality, or geographical origin of products and services (e.g. marks containing geographical information which does not correspond to the actual place of origin)
  • marks the use of which would conflict with obligations implied for the Czech Republic by international agreements (representation of flags and national sovereignty signs, names of international organisations that are protected by special international agreements)
  • marks which are identical to trademarks that have been registered before for other entities and for the same products and services or for similar ones, and marks containing elements of such a trademark which might be interchangeable.
  • marks that interfere third party’s rights claimed properly and timely through objections against the application for registration of the trademark.
  • marks that are not applied for in good faith
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