# Article 10 of China’s Trademark Law: Absolute Grounds for Refusal Businesses entering or exporting to China should plan for local trademark protection. Although the system has similarities to Korean practice, important procedural differences require attention. Source: https://www.iplexlaw.co.kr/en/blog/1496208 HOME / NEWS & INSIGHTS NEWS & INSIGHTS Article 10 of China’s Trademark Law: Absolute Grounds for Refusal Businesses entering or exporting to China should plan for local trademark protection. Although the system has similarities to Korean practice, important procedural differences require attention. Overseas Trademarks 2026.06.26 published IPLEX 5 min read Businesses entering or exporting to China should plan for local trademark protection. Although the system has similarities to Korean practice, important procedural differences require attention. China generally follows a first-to-file system, but the absolute prohibitions in Article 10 of its Trademark Law are also important in practice. Subject to the exceptions stated in the law, this provision can bar marks that might not raise the same objections in Korea. In particular, in cases falling under Article 10, registration is not permitted solely because the trademark has been used for a long time or has high recognition. Additionally, it is not easy to overcome rejection by simply submitting an opinion, so it is often necessary to delete problematic elements or change the trademark itself. Therefore, if you are planning to enter the Chinese market, it is important to review whether Article 10 applies not only at the application stage but also from the beginning of brand planning. What is Article 10 of China Trademark Law? Article 10 of China's Trademark Law stipulates trademarks that are not permitted to be registered. This is a regulation to protect the country's public order, social values, and public interests, and in principle, registration is not permitted if it falls under Article 10, regardless of the completeness or brand value of the trademark. Article 10 concerns signs prohibited from use as trademarks, not merely from registration, subject to its statutory exceptions. An unregistered mark must also comply with these restrictions, so review is important before adopting a brand in China. What trademarks are prohibited under Article 10? Expressions related to the country and government Registration of national flags, national emblems, names of national organizations, the military, or police, or expressions and images reminiscent of these, is restricted. For example, if a brand uses a name or logo that is reminiscent of a government agency or the military, it may fall under Article 10 as it is judged that there is a risk that consumers may mistake the product for a product related to a public agency. Expressions related to international organizations Registration of the names or abbreviations of international organizations such as the UN, WHO, and UNESCO, or logos and designs reminiscent of these, is also restricted. Elements reminiscent of public certification or quarantine Designs that look like quarantine approval stamps, quality certification stickers, or public institution approval marks may be rejected for registration because consumers may mistake them for officially certified products. Red Cross/Red Crescent Emblem As the Red Cross and Red Crescent are internationally protected emblems, identical or similar names or images are not permitted for registration. Expressions that are against social order or have negative connotations In addition to slang or insulting expressions, trademarks that may be perceived negatively during Chinese pronunciation or transliteration can also be problematic. place name In principle, trademark registration is restricted for names of administrative districts at or above the county level in China. In addition, registration may be restricted if it is judged that there is a risk of misleading consumers about the place of origin depending on the composition of the foreign name trademark or designated good, etc. Why should foreign companies be especially careful? Because Article 10 is a regulation that reflects China's history, culture, and political background, there are frequent cases of unintentional violation by foreign companies. A representative example is Chinese transliteration. Even if there is no problem with the original English or Korean trademark, there is a possibility that it may be perceived as having a negative connotation or pronunciation similar to slang during the transliteration process into Chinese. Additionally, although city names are often used in brands overseas, in China, the review of the use of place names can be relatively strict. In particular, registration may be restricted if it is judged that there is a risk of misleading the origin. Logo design is no exception. Shield emblems, eagle emblems, shapes similar to police badges, and designs reminiscent of certification from public institutions are likely to be judged to imply a connection with public institutions, regardless of the applicant's intention. In fact, in a Chinese trademark application case processed by our firm, a small moon and star graphic used to decorate a character's eyes was interpreted by the Chinese examiner as a crescent moon and star symbolizing the Islamic religion, and was rejected on the grounds of violation of Article 10. Although it was a simple decorative element from the applicant's perspective, the examiner judged that the symbol of a specific religion was used in a commercial mark, and it was difficult to overcome this by submitting an opinion alone. This case shows that even small decorative elements can be interpreted as having religious, political, or public meaning in China, and can impact the entire brand. How do I prepare to avoid Article 10? When preparing a Chinese trademark, simply conducting a trademark search is not enough. First, it is necessary to check how the trademark is transliterated into Chinese and review whether it is likely to be perceived as a negative connotation or slang term. You should also check whether it includes expressions reminiscent of place names or public institutions, religious symbols, or design elements that imply public certification. In addition, it is important to separately review Chinese translation or transliteration trademarks to be used in the Chinese market. Even if there is no problem with the original trademark, there are many cases where Article 10 problems arise with Chinese trademarks. When filing a Chinese trademark application, it is not enough to simply file first. It is necessary to comprehensively review whether there are any elements that fall under Article 10, whether any problems arise during the Chinese transliteration process, and whether the designated goods are structured appropriately for the business plan. Chinese trademark rights are valid for 10 years from the date of registration and can be maintained through renewal. Therefore, in order to reliably protect your brand in the Chinese market, it is important to conduct sufficient review at the pre-application stage and establish a trademark strategy from a long-term perspective. Read the Korean source This article reflects the information available when it was published. Contact us to discuss your circumstances. Discuss this topic ↗ All articles ON THIS PAGE What is Article 10 of China Trademark Law? What trademarks are prohibited under Article 10? Why should foreign companies be especially careful? How do I prepare to avoid Article 10? 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