U.S. State Name Trademarks in China: Think Twice

Home | China Law Blog | U.S. State Name Trademarks in China: Think Twice Table of Contents Toggle Registering U.S. State Name Trademarks in China Many brands, from craft breweries to universities, incorporate their U.S. state names into their trademarks. This not only reflects their origins but also evokes a sense of heritage and trust. However, for brands looking to enter the vast Chinese market, a significant hurdle awaits. Registering trademarks that include U.S. state names in China can be an uphill battle. Understanding the complexities and potential workarounds can be crucial for protecting your brand identity. Why Won't China Register U.S. State Name Trademarks?! According to the China's Trademark Law, "no … foreign geographical names known to the public may be used as trademarks, except where geographical names have other meanings" (Art. 10). A strict reading of "other meanings" could limit that exception to the few cases where the word that makes up the state name has independent meaning. For example, colorado means "red" in Spanish and nevada means "snowfall." In practice, however, the trademark examiners at the China National Intellectual Property Administration (CNIPA) are directed to look at marks in their entirety for other meanings, as directed by the Guidelines for Trademark Examination and Trial. When Can U.S. State Name Trademarks Be Registered? CNIPA (and its predecessor) has registered trademarks belonging to American universities that include the state where they are located, even though, strictly speaking, the state name does not have another meaning in those instances. For example, UNIVERSITY OF CALIFORNIA BERKELEY is registered in several classes (Nos. 3911637 to 3911639). Similarly, the registration of certain sports team trademarks that incorporate state names has also been allowed. For example, the NFL registered MINNESOTA VIKINGS (No. 6354250) in 2010. Applications filed by official entities are also looked at favorably, at least in some cases. The State of Idaho Potato Commission registered IDAHO POTATOES in two classes (Nos. 3362716 and 3362717). So What's the Problem? As illustrated by the examples above, CNIPA trademark examiners will sometimes treat state name trademarks in a way that yields a sensible result. Unfortunately, the chances of obtaining such a sensible result drop considerably for applicants that are not a major university or professional sports team. In part, this is due to the ambiguity of the rules. However, it's also a reflection of the economic constraints faced by SMEs, many of which are unable to justify the expenses associated with the appeals that may be required to sway CNIPA. And to be fair, the public is more likely to be confused as to the origin of goods and services when faced with a lesser-known brand's trademarks. Be Careful with State Name Trademarks Clearer parameters on this issue would be welcome. In addition, CNIPA could more robustly use disclaimer requirements, to let the public know that the brand in question does not have the exclusive right to use the U.S. state name. Until such changes take place, however, brands with U.S. state name trademarks will continue to face uncertainties when registering those marks in China, particularly if they lack deep pockets. For brands in the earlier stages of establishing their identity, these limitations are well worth keeping in mind if they have China plans. More established brands may need to consider workarounds, such as choosing a Chinese name that does not incorporate the U.S. state name. Check Out Our China Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. Harris Sliwoski Attorney Read more posts [email protected] Read More Intellectual Property (IP) Related Posts September 15, 2026 Your AI-Drafted China Contract Says It Needs a Lawyer. Listen to It. 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