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Examination Guidelines on Trademarks Contrary To Public Order or Good Morals
According to Item 7, Paragraph 1 of Article 30 of the Trademark Act, any trademark, which is contrary to public policy or to accepted principles of morality, will not be granted registration. In order to clarify the definition and the scope of the terms "contrary to public policy or accepted principles of morality", the Intellectual Property Office then stipulates the Examination Guidelines on Trademarks Contrary To Public Order or Good Morals as the reference for reviewing the relevant issues. The Guideline takes effective since 11 May 2015.
The Guideline specifically stipulates ten types, which will be deemed contrary to public order or good morals, including:
1. Trademarks that are likely to spread offence, violence, terrorism or rebellion or to disturb social order;
2. Trademarks that offend national dignity;
3. Trademarks that offend religious dignity;
4. Trademarks that offend specific social ethnic group or group dignity;
5. Trademarks that offend the dignity of specific people;
6. Trademarks that make people feel horrible or advocates superstition, thus affecting physical and mental wellness;
7. Trademarks that contain languages or devices involving sex offenses, obscene, or indecency;
8. Trademarks that contain the portrait or name of a famous historical people or deceased famous modern people;
9. Trademarks that contain the name of a fiction character of a famous historical novel;
10.Trademarks that violate social and public interests in society or destroy ethics and morality.