Article 10. 1. 7 of Trademark Law stipulates that signs that are deceptive and likely to cause the public to misrecognize the quality or origin of the goods shall not be registered and used as trademarks. Drugs and foods are closely related to human health. Enterprises hope that their trademarks can convey positive meaning of health and good taste to the public. However, such trademarks are likely to constitute signs prescribed in Art. 10. 1. 7.

Drugs and foods have characteristics closely related to the consumers’ life and health. This is different from other ordinary commodities. As a result, China National Intellectual Property Administration (hereinafter referred to as CNIPA) has applied stricter standards for trademark applications covering drugs and foods. In 2021, there are a total of 12,707 applications refused based on Art. 10.1.7 of Trademark Law. Among them 3,947 applications are in Classes 5, 29, 30, 31, 32 and 33 covering foods and drugs【1】, accounting for 31%. It can be seen that drugs and foods trademarks are likely to meet refusal caused by deceptive clause, namely Art. 10. 1. 7. Therefore, it is necessary to have analysis on how to overcome deceptive clause and obtain registration for drugs and foods trademarks.

[1] Classes related to foods and drugs are Class 5 drugs, etc., Class 29 meat, fish, etc., Class 30 coffee, etc., Class 31 fresh fruits, etc., Class 32 beer, etc. and Class 33 alcoholic beverages, etc.

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