Can the name of a product be registered as a trademark?
The name of a product is not necessarily unacceptable for
registration as a trademark. The issue of acceptability ultimately
depends on the commercial use and maintenance of the trademark by
the relevant entity.
- A completely generic product name
cannot be registered as a trademark.
The generic names of a product that reflect the natural
characteristics of the product may include both a legal name and a
conventional name for the product. Since the generic name alone
cannot distinguish the source of the product, it does not possess
the minimum distinctiveness required for a registered trademark. As
a result, Article 11.1.1 of the P.R.C. Trademark Law
provides that a generic product name alone cannot be registered as
a trademark. The rejection of the application for registering
"BLUETOOTH" as a trademark is a perfect example of this
prohibition.
