Yes, portraits can be registered as trademarks in China. According to Article 8 of the Trademark Law, any sign capable of distinguishing the goods or services of natural persons, legal persons, or other organizations from those of others—including words, graphics, letters, numerals, three-dimensional signs, color combinations, sounds, or combinations thereof—may be registered as a trademark. As a graphical element, a portrait can function to distinguish the source of goods or services and thus qualifies for trademark registration under the law.
Key considerations when registering a portrait as a trademark:
Legitimate Right of Use
An applicant must submit a letter of authorization from the portrait rights holder.
Avoiding Prohibited Uses
Portraits of state leaders, martyrs, or other figures whose use may harm the public interest are prohibited.
Portraits must not be distorted, sexualized, or otherwise altered in ways violating public order or morality.
Unauthorized use implying endorsement by the depicted person is prohibited to prevent deceptive practices.
Non-Realistic Portraits
For fictional characters (e.g., cartoons, computer-generated images), the applicant must explicitly declare this in the trademark application.