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Develop objectives

This guideline aims to guide relevant market entities to follow the principle of good faith when applying for trademark registration, avoid using logos that are prone to misidentification, and select logos with strong distinctive features to apply for trademark registration. At the same time, when applying for registration using signs containing place names, the principles of necessity and authenticity should also be followed.

This guideline aims to guide trademark owners to follow the principle of non abuse of rights and not prohibit others from using public resources such as common names and place names in the catering industry contained in trademarks in a legitimate and reasonable manner by listing precautions for the standardized use of registered trademarks and the legitimate and reasonable exercise of trademark exclusive rights. At the same time, guide other market entities to use relevant logos legitimately and avoid trademark infringement disputes.

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Scope of Application

The food and beverage industry related goods or services referred to in this guideline mainly involve food and beverage related goods or services in categories 29, 30, 31, 32, 33, 40, 43, etc. of the "Classification Table of Similar Goods and Services".

The catering industry is often closely related to the geographical environment, natural factors, and cultural and historical factors of its location, and there is a need to use place names to indicate the source of the goods or services referred to. The term 'place name' referred to in this guideline refers to a geographical descriptive symbol that is easily recognized by the relevant public as indicating the source of the designated goods or services, and is not limited to administrative place names at or above the county level as stipulated in Article 10 (2) of the Trademark Law and foreign place names known to the public.

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Common situations of misidentification of catering industry logos

According to the legislative intent of Article 10, Paragraph 1, Item 7 of the Trademark Law, misidentification refers to the indication of the quality or origin of the designated goods or services by the trademark that exceeds its inherent degree or is inconsistent with the facts, which can easily lead to the public's erroneous understanding. Common situations include the following categories:

The logo may include words such as "organic", "ORGANIC", "environmentally friendly", "natural", "natural", "pollution-free", "POLLUTION-FREE", "top-quality", "first-class", "high-end", "HIGHQUALITY", "national banquet", "national cuisine", and other descriptions of the quality of food and beverage industry products or services. Alternatively, the logo may include multiple continuous and regularly arranged five pointed stars or diamond patterns, which can easily mislead the public about the quality level and other characteristics of food and beverage services. For example, applying for a trademark that includes the word "organic" on non organic "fruit" products.

The words in the logo that describe the functions and uses of food and beverage products, such as "detoxification", "lipid-lowering", "dampness removal", "clear throat", "metabolic repair", etc., can easily mislead the public about the characteristics of the functions and uses of food and beverage products. For example, applying for the trademark "Duo He · Detox" on products such as sushi; Apply for the trademark "Tianxiang Clearing Heat and Removing Dampness" on the "Guiyuan Cream" product.

The common name of catering products included in the logo can easily mislead the public about the types, main ingredients, and characteristics of the products. For example, applying for the "Li Si Lamb" trademark on the "Beef Food" product; Apply for the trademark "Zhang San Cake" on products such as "bread" and "pizza"; Apply for the trademark "Apple Vinegar" on soy sauce products.

For example, applying for a trademark containing the words "produced on the same day" on the product "Laozao"; Apply for the "Lixing Freeze Dried" trademark on the "Fruit Slices" product.

The logo contains the common name of the catering industry, but it is designated for service items unrelated to the catering industry, which can easily mislead the public about the content and characteristics of the service items. For example, apply for the trademark of "Zhang San Spicy Hot Pot" on the service project of "nursing home"; Apply for the trademark "Li Si Shao Rou" on the "Animal Foster Care" service project.

The use of place names by market entities on goods or services should mainly be to describe the connection between the goods or services and the geographical area referred to by the place name, and the connection should be objective and true. If the sign is only composed of or contains a place name, and the applicant does not come from the geographical area indicated by the place name, and is designated for use on goods or services related to the catering industry, it is easy for the public to misunderstand the origin of the product or service.