Registering foreign geographical names

Sophie Zhao - Associate
[email protected]

Can I register a mark that contains the word Paris? Trademark attorneys in China are likely to be asked such questions from time to time. Unfortunately, there is no simple yes or no answer. The ability to register will depend on both the nature of the mark in question and the use of the mark.

Known to the public

Paragraph 2 of Article 10 of the PRC Trademark Law (中华人民共和国商标法) provides that foreign geographical names that are known to the public shall not be used as trademarks unless they have another meaning or form part of a collective or certification mark. However, it is not clear whether the provision extends to marks that are similar to foreign geographical names that are known to the public.