Surnames Combined with Generic Terms Might Not Receive Exclusive Trademark Protection

WISECODE Take

Many business owners mistakenly believe that obtaining a trademark registration certificate allows them to unconditionally exclude others from using related terms. This is like financial investment; allocating capital to low-defense public domain assets makes it difficult to achieve premium exclusive returns. Just as in the "X-shi Niu" trademark case tried by the Zhushan District Court of Jingdezhen, although the plaintiff registered the trademark under Class 43, the court dismissed the claims because "X-shi" is a common surname and "beef bone noodle" is a generic term, resulting in extremely weak distinctiveness. Pouring marketing resources into such low-defense trademarks is akin to investing in "junk bonds," which easily fail to receive substantial legal protection during disputes due to lack of distinctiveness, leading to a loss of brand premium. Therefore, I suggest: first, avoid registering trademarks solely using common surnames and generic terms, and instead use highly creative coined words; second, if generic terms must be used, combine them with unique logos or highly distinctive text to strengthen the trademark. Instead of fighting over public assets in trademark battles afterward, it is better to establish high-defense intellectual property allocation early on. Zhi Dian provides "Trademark Layout Health Check" services; we recommend consulting and evaluating relevant trademark strategies to secure your brand investment.