On April 26, 2022, The Law Department of National Intellectual Property Administration and the Trademark Office organized the compilation of the Guidelines for the Application and Use of Trademark Registration in Catering Industry (Trial), In view of the problems in the application and use of trademark registration in the catering industry, this paper focuses on the detailed explanation and explanation of common misunderstandings, lack of distinctive features and signs containing place names, and guides relevant market entities to submit trademark registration applications in a standardized way, to reasonably exercise the exclusive right to use trademarks, and maintain a fair and just market order in the catering industry. 

The catering industry-related goods or services mentioned in the Guidelines mainly involves Class 29 (meat, fish, poultry, eggs, pickled and dried fruits or vegetables, milk and other commodities), Class 30 (coffee, tea, rice, flour, noodles, bread, cakes, condiments and other commodities), Class 31 (fruits, vegetables, unprocessed agricultural and forestry products, live animals and other commodities), Class 32 (beer, non-alcoholic beverages and other commodities), Class 33 (alcoholic beverages and other commodities), Class 40 (food and beverage processing services, etc.), and Class 43 (catering and accommodation services, etc.) products and services. 

The "Guidelines" intend to guide trademark application in catering industry to follow the principle of good faith, avoid using signs that easily lead to misunderstanding, and select signs with strong distinctive characteristics to apply for registered trademarks. At the same time, when applying for registration with signs containing place names, the principles of necessity and authenticity should also be followed. 

The "Guidelines" are intended to guide the precautions for trademark use in the catering industry, guide trademark exclusive owners to follow the principle to properly practice rights, to respect others’ legitimate interest of using public resources such as common names and place names of the catering industry contained in trademarks, and also guide other market players to use relevant signs properly to avoid trademark infringement disputes. 

The "Guidelines" pointed out that the catering industry is often closely related to the geographical environment, natural factors and human and historical factors of its region, and it is necessary to use place names to indicate the sources of designated goods or services. The term "place names" as mentioned in the Guidelines refers to the signs that are recognized by the relevant public as geographically descriptive and easily regarded as indicating the source of the designated goods or services, and are not limited to the place names of administrative divisions at or above the county level as stipulated in Article 10.2 of the Trademark Law and foreign place names known to the public.