Acquired Distinctiveness Of Trademarks In China

Trademark distinctiveness is an important concept of Chinese Law governing trademarks and service marks.

In its Spring newsletter, CONSULEGIS Intellectual Property, Entertainment Law and Information Technology group presents an abbreviated overview of various jurisdictions' legal views on the topic of  'distinctiveness of trademarks acquired through use'. Among the contributors writing on the topic include Horizons trademark and IP specialist, Su Qi. We offer her entry on China trademark law below.

Article 11.3 of the China Trademark Law states 'signs that lack distinctive characteristics may be registered as a trademark where it has acquired distinctiveness through use and is readily distinguishable.'