A Comprehensive Overview of the Amended PRC Trademark Law (2)

The Amended PRC Trademark Law | Effective January 1, 2027

Article 18 · Functional Signs Remain Unregistrable

Article 18: Where a three-dimensional sign, color combination, sound, dynamic sign or other sign is used to apply for registration of a trademark, no shape, color combination, sound, dynamic effect, etc. that results solely from the nature of the goods themselves, is necessary to obtain a technical effect, or gives the goods substantial value shall be registered as a trademark.

Why It Matters

Allowing purely functional designs to be registered as trademarks would let trademark rights override the patent system, granting perpetual monopolies over technical functions and seriously hindering subsequent innovation and fair competition. The purpose of this amendment is therefore to uphold the principle that trademark law does not protect technical functions, and to ensure that any monopoly over functional features can only be obtained through the time-limited patent system.