In recent years, more and more foreign companies have entered
the Chinese market, and a foreign language trademark has become an
important symbol indicating the origin of goods or services.
However, if the foreign language trademark is chosen improperly, it
may be subject to rejection due to lack of distinctiveness, which
is happened often.
According to Article 8 of the Provisions of the Supreme
People's Court on Several Issues concerning the Trial of
Administrative Cases of Trademark Authorization and Confirmation,
when the disputed trademark is in a foreign language, the
people's court shall examine and judge whether the foreign
language trademark has distinctive features based on the usual
understanding of the relevant public in China. The inherent meaning
of the foreign language in the mark may affect its distinctive
features on the designated goods, but the degree of recognition of
this inherent meaning by the relevant public is low, and thus if
the mark can
