‘New year’ trade marked in China

Registering “New Year” as a trademark could be challenging due to its generic and widely-used nature. In other words, it is seemed to be void of distinctiveness. Trademarks are meant to distinguish the goods or services of one party from those of others. However, there may be some circumstances where it could be possible to register it as a trademark, such as if it is used in connection with specific goods or services in a distinctive and non-generic manner.

Here are some factors to consider:

• Distinctiveness: “(Happy) New Year” is a common greeting used globally, especially around the New Year period. Trademark offices typically hesitate to grant trademarks for generic or highly descriptive terms because they are not considered distinctive.
• Secondary Meaning: To register a phrase like “(Happy) New Year” as a trademark, it would need to have acquired secondary meaning in the minds of consumers, meaning that consumers associate the phrase specifically with your goods or services rather than just as a general New Year greeting.
• Specific Use: If you are using “(Happy) New Year” in connection with specific goods or services in a unique and distinctive way that sets it apart from general usage (for example, if you were selling party decorations under the brand name “(Happy) New Year”), you might have a better chance of obtaining trademark registration.

As published on the CNIPO database, there were few applications containing ‘new year’ greeting slogans approved and registered back to 2006 when the Trade Mark Office adopted relatively flexible attitudes towards applications while the market was not as competitive as nowadays. In early 2016, a trade mark ‘New year’ with Reg. No. 3864702 attracted public attention as its owner stated that non-authorized use of ‘New year’ as advertising under sweets, chocolates and snacks in class 30 would be claimed as trade mark right infringement. One consequence of this announcement was a rising number of trade mark applications including ‘New year’. By the time of 2022, there were more than 400 filings seeking ‘new year’ trade marked but most of them were refused based on absolute grounds. Apart from the backgrounds mentioned above, ‘new year greetings’ have been recognised as public resources such as cultural resources therefore it should not be dominated by an individual or entity.

Overall, while it’s not impossible to register “Happy New Year” as a trademark, it may be challenging due to its widespread use and lack of distinctiveness. If you would like to have some advice and guidance on whether it’s feasible to register “(Happy) New Year” as a trademark, please feel free to contact ourTrademarkroom team.