Signs You Cannot Use as a Trademark in China: Flags, Country Names and Official Emblems
On 12 October 2026, China's National Intellectual Property Administration (CNIPA) published Notice No. 692, adding 18 signs notified by the WIPO International Bureau to its list of protected official signs: state emblems and flags, and the emblems, names and abbreviations of intergovernmental organisations (news). The same day, Oman's IP office set out which elements cannot be used in trademarks, with official emblems strictly restricted (news). Both point to the same rule: some signs cannot serve as trademarks at all, whoever filed first. For foreign brands entering China, the common traps are their own country's flag or name, well-known place names and abbreviations that match an international organisation.
What Article 10 prohibits
Article 10(1) of China's current Trademark Law says the following signs shall not be used as trademarks:
- signs identical or similar to the name, flag, emblem, anthem, military flag, military emblem, military anthem or decorations of the People's Republic of China, and signs identical to the names or symbols of central state organs, the names of the specific places where they are located, or the names or images of their landmark buildings;
- signs identical or similar to the name, flag, emblem or military flag of a foreign state, unless that state's government consents;
- signs identical or similar to the name, flag or emblem of an intergovernmental organisation, unless the organisation consents or the sign is unlikely to mislead the public;
- signs identical or similar to official signs and hallmarks indicating control and warranty, unless authorised;
- signs identical or similar to the name or emblem of the Red Cross or Red Crescent;
- signs that discriminate against any ethnic group;
- deceptive signs likely to mislead the public about the quality or origin of the goods;
- signs detrimental to socialist morality or having other unhealthy influences.
Article 10(2) adds that names of administrative divisions at or above county level in China, and foreign place names well known to the public, may not be used as trademarks, unless the place name has another meaning or forms part of a collective or certification mark. Registered marks containing place names remain valid.
More than a refusal
- Refusal on absolute grounds: the examiner raises it without any opposition.
- Invalidation at any time: under Article 44, a registration that breaches Article 10 can be declared invalid by CNIPA, or on request by anyone, with no five-year limit.
- Use without registration: under Article 52, using an unregistered mark that breaches Article 10 can be stopped by the market regulator, with a fine.
Where the list of official signs comes from
Items 3 and 4 rely largely on Article 6ter of the Paris Convention. States and intergovernmental organisations send the signs they want protected to WIPO, which notifies member states. CNIPA then publishes the signs it accepts; Notice No. 692 is the latest batch. Note the dates: published on 12 October 2026, dated 30 September 2026, and notified by WIPO on 30 September 2025.
WIPO's Article 6ter Express database lets you search notified signs by name or image before you file.
Common traps for foreign brands
| Element | Typical use | Risk and fix |
|---|---|---|
| Your country's flag | A flag in the logo to signal "Swiss made", "Italian" etc. | Refusal under item 2 unless your government consents. Use a neutral graphic and state origin outside the mark |
| Country names and abbreviations | "USA", "UK" or a country name in the brand | Same rule; consent is rarely practical. Consider filing the core brand without it |
| Acronyms | Three or four letters that happen to match an international organisation | Check the 6ter database and CNIPA notices; argue "unlikely to mislead" only with reasons |
| Red cross | Medical, first-aid or pharmacy branding | Protected name and emblem; change colour or shape |
| Well-known place names | City names such as a fashion or wine capital | Refused unless the word has another meaning; geographical indications raise separate issues |
| Imitation certification marks | Seals that look like inspection or quality marks | Seen as official-sign imitation or as deceptive |
Checks before filing in China
- Split the mark into words, letters, device and colours, and check each part.
- Check words against country names and place names, and letters against the 6ter database and CNIPA notices.
- Look closely at flags, crests, crosses, rings of stars and shields in the device.
- Run a normal clearance search for earlier marks; see what a clearance search covers.
- If your home registration includes such an element, consider a China filing of the plain word mark, and keep records of the decision.
FAQ
The mark is registered in our home country with the flag. Does that help in China? No. Article 10 is applied to the Chinese application on its own terms; a Madrid designation of China faces the same examination.
Can we appeal a refusal under Article 10? Yes, a review can be requested within 15 days of receiving the refusal, but it needs a real argument: the signs are not similar, the sign is unlikely to mislead, or consent has been obtained. See what to do when your application is refused.
Will the 2027 revised law change this? The revised Trademark Law takes effect on 1 January 2027 and renumbers some articles. This guide cites the current law; check the new text once it applies.
J&C Intellectual Property Agency (JCIPO), founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We handle clearance searches, filings, refusal reviews, oppositions and invalidations in China; see our trademark search service.
