To fully leverage the role of the collective trademark and certification trademark system, support the development of industrial cluster brands and regional brands with distinct characteristics, strong competitiveness and good market reputation, and guide all regions to rationally promote the trademarking of such brands, these Guidelines are formulated in accordance with the Trademark Law, the Regulations for the Implementation of the Trademark Law, and the Provisions on the Registration and Administration of Collective Trademarks and Certification Trademarks.

I. Purpose of Formulation

Paragraph 2 of Article 10 of the current Trademark Law exempts collective trademarks and certification trademarks from the prohibition on the use of place names of administrative divisions at or above the county level as trademarks, providing a legal basis for the registration of ordinary collective trademarks and certification trademarks that contain such place names.

In practice, when building industrial cluster brands and regional brands, regions usually adopt the structure of "place name + generic name of goods or services" or "place name + other distinctive textual elements" to convey origin information, indicate the geographic source of goods (services), and highlight locational advantages. However, as a sign that distinguishes the source of goods (services), distinctiveness is a fundamental attribute required for a mark to be used as a trademark. Place names generally only indicate the origin of goods, rather than identifying the producers, operators of goods or providers of services, and thus lack inherent distinctiveness.

To guide applicants in filing rational trademark applications for industrial cluster brands and regional brands, avoid a vicious cycle of rejection and repeated applications, and reduce applicants' costs, these Guidelines specifically list common forms of trademarks with distinctiveness and circumstances where registration is refused due to lack of distinctiveness or likelihood of public confusion, for applicants' reference.

II. Scope of Application

Given that industrial cluster brands and regional brands are typical quasi-public goods used collectively by eligible members within a region who abide by certain rules, collective trademarks are a more suitable legal protection approach for industrial cluster brands and regional brands (excluding geographical indications) developed by various regions.

In addition, for a collective trademark application, applicants are required to submit the names and addresses of collective members as well as the rules for use and administration. The rules must also specify the quality of goods bearing the collective trademark and the liabilities to be borne by collective members for violating the rules. Therefore, registering industrial cluster brands and regional brands as collective trademarks also facilitates the registrant in strengthening inspection and supervision over users of the collective trademark, thereby maximizing brand benefits. All trademarks referred to in these Guidelines are collective trademarks.

III. Common Forms of Trademarks with Distinctiveness

(1) The applied trademark consists of distinctive words, graphics, or a combination of such elements

Where an application for trademark registration is filed for a mark composed of distinctive words, graphics, or a combination of such elements, the mark is capable of distinguishing the source of goods or services and thus possesses distinctiveness.