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Trademark registration because of non-standard Chinese characters was found by the court adverse impact!

Release Time：

2022-08-25

How to make the enterprise brand with high recognition so that many businesses have rich imagination, spend a lot of human energy and financial resources to design the enterprise logo, when applying for registered trademarks, change the font, stroke, and even create Chinese characters, so that the logo can be more recognizable, but do not know that it has stepped into the restricted area, the loss of registrability. Article 14 of the Law of the People's Republic of China on the Standard Spoken and Written Language of the People's Republic of China stipulates that the standard spoken and written language of the People's Republic of China shall be the basic language of the People's Republic of China for the use of characters for facilities in public places, signboards, advertisements, packaging and descriptions of commodities sold within the territory.

Article 14 of the Law of the People's Republic of China on the Standard Spoken and Written Language of the People's Republic of China stipulates that the standard spoken and written language of the People's Republic of China shall be the basic language of the People's Republic of China for the use of characters for facilities in public places, signboards, advertisements, packaging and descriptions of commodities sold within the territory.

Article 10, Paragraph 1, paragraph 8 of the Trademark Law stipulates that "Any Chinese character that is harmful to socialist morality or other adverse effects shall not be used as a trademark." The Guide to Trademark Examination and Trial further points out that Chinese characters with self-created characters, missing strokes, multiple strokes or wrong strokes are easy to cause the public, especially minors, to misunderstand their writing, which should generally be regarded as non-standard Chinese characters.

Case 1

Relevant case number: (2021) Jing 73 Line No. 4482

Case name: Ideal Science and Industry Co., Ltd. v. State Intellectual Property Office of the People's Republic of China rejected the review (trademark) of the first instance administrative judgment

Court opinion: In this case, the contested trademark is "ideal", which is a text trademark designed by art, in which the general attention can be found that the writing mode of the contested trademark "think" is missing a vertical and a horizontal. This kind of trademark logo with self-created characters or non-standard use of Chinese characters is easy to mislead the public, especially the primary and secondary school students' cognition and recognition of Chinese. Therefore, the contested trademark belongs to the situation of "other adverse effects" as stipulated in Article 10, paragraph 1 (8) of the Trademark Law.

Case 2

Relevant case number: (2021) Jing 73 Line No. 4482

Case name: Ningbo Nova Education Technology Co., Ltd. v. State Intellectual Property Office rejected the review (trademark) of the first instance administrative judgment

Court opinion: Article 10, Paragraph 1 (8) of the Trademark Law stipulates that marks harmful to socialist morality or other adverse effects shall not be used as trademarks.

In this case, the trademark is composed of the Chinese characters "Go", "learn" and the non-standard Chinese characters "Tong", among which the non-standard Chinese character "Tong" lacks strokes, which belongs to the non-standard writing of Chinese characters. If the contested trademark is registered as a trademark, it is easy to affect the relevant public's understanding and learning of Chinese characters, which will have adverse effects. Therefore, the application for registration of the contested trademark falls under the circumstances provided for in Article 10, Paragraph 1 (8) of the Trademark Law, and shall not be approved for registration.

Case 3

Related case number: (2020) Beijing Bank End 6682

Case name: Shaanxi Xinxiang Media Co., Ltd. v. State Intellectual Property Office rejected the review (trademark) of the second instance administrative judgment

Court opinion: In this case, the contested trademark is composed of Chinese characters "new trend" and a picture, among which "new" and "Xiang" belong to non-standard Chinese characters. If it is approved and registered as a trademark, it is easy to mislead the public, especially minors, and affect their correct understanding and learning of Chinese characters, resulting in adverse effects. Therefore, the application for the registration of the contested trademark belongs to the situation provided for in Article 10, Paragraph 1, Paragraph 8 of the Trademark Law of 2013, shall not be approved for registration, and shall not be used as a trademark.

Source: Trademark Knowledge Circle

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