Page 23 - THE SOUTH CHINA BUSINESS JOURNAL
P. 23
ts or individuals may request the Trademark reviewing stage according to law. For example
Review and Adjudication Board to declare the Huoshen Mountain Hospital (火神山医院,
registered trademark invalid.” literally, Vulcan Mountain Hospital) and Leishen
Mountain Hospital (雷神山医院, literally, Thor
Under this New Trademark Law, there is a clear Mountain Hospital) and Doctor Li Wen Liang (
increased legal obligations for trademark agencies. 李文亮). The hospital are the names of front-line
Under Article 19, “Trademark agencies shall abide hospitals in Wuhan to fight the epidemic. Dr.
by the principle of good faith, abide by laws and Li was an ophthalmologist at Wuhan Central
administrative regulations. Where the trademark Hospital that died from the coronavirus. After
applied for registration by the client may be not under his death, the State Administration of Traditional
this law, the trademark agency shall clearly inform the Chinese Medicine of the People's Republic of
client. Where a trademark agency knows or should China awarded the title of “Advanced Individual
know that the trademark applied for registration by in Prevention and Control of New Crown
the client belongs to the circumstances stipulated in Pneumonia in the National Health System.
Articles 4, 1510 and 3211 of this Law, it shall not accept They are the focus of public opinion during the
its entrustment. Trademark agencies now have an epidemic prevention and control, and it is one
obligation to evaluate trademark applications for of the important signs of people's unity and
good faith. If they receive an application which they resistance to the epidemic. Applicants other than
know or ought to have known is in bad faith, they Vulcan Mountain Hospital and Lei Shenshan
are obliged to refuse the instruction. Trademark Hospital will be registered as trademarks, which
agencies that violate the provisions in Article 4 will cause significant social adverse effects, and
can face dministrative penalties under Article 68. should be rejected according to law Trademark
The administrative department for industry and Law Article 10 and Article 3213. Article 10 The
commerce shall order correction within a time frame, following marks may not be used as trademarks:
give a warning, and impose a fine of 10,000 to 100,000 （4）those identical with or similar to the
yuan; give a direct warning to the person in charge office marks, inspection marks that indicate
and other directly responsible persons, and impose the controlling or providing guarantee, except
a fine of 5,000 to 50,000 yuan; Constitute a crime, be with authorization. Article 32 No trademark
held criminally responsible. application shall infringe upon another party’s
existing prior rights. Nor shall an applicant rush
BENCHMARK CASES OCCURRED ON THE to register in an unfair manner a mark that is
SENSITIVE OCCASION already in use by another party and that enjoys
substantial influence.
The latest enforcement of the law was shown by the
CNIPA, which stepped up the effort to control the A Changsha company also submitted a trademark
application for registration of trademarks related to registration application for the name of Dr. Li,
the epidemic that are likely to have an adverse effect, which aroused public concern. The trademark office
and rejected the trademarks that have entered the
South China Business Journal 20
Review and Adjudication Board to declare the Huoshen Mountain Hospital (火神山医院,
registered trademark invalid.” literally, Vulcan Mountain Hospital) and Leishen
Mountain Hospital (雷神山医院, literally, Thor
Under this New Trademark Law, there is a clear Mountain Hospital) and Doctor Li Wen Liang (
increased legal obligations for trademark agencies. 李文亮). The hospital are the names of front-line
Under Article 19, “Trademark agencies shall abide hospitals in Wuhan to fight the epidemic. Dr.
by the principle of good faith, abide by laws and Li was an ophthalmologist at Wuhan Central
administrative regulations. Where the trademark Hospital that died from the coronavirus. After
applied for registration by the client may be not under his death, the State Administration of Traditional
this law, the trademark agency shall clearly inform the Chinese Medicine of the People's Republic of
client. Where a trademark agency knows or should China awarded the title of “Advanced Individual
know that the trademark applied for registration by in Prevention and Control of New Crown
the client belongs to the circumstances stipulated in Pneumonia in the National Health System.
Articles 4, 1510 and 3211 of this Law, it shall not accept They are the focus of public opinion during the
its entrustment. Trademark agencies now have an epidemic prevention and control, and it is one
obligation to evaluate trademark applications for of the important signs of people's unity and
good faith. If they receive an application which they resistance to the epidemic. Applicants other than
know or ought to have known is in bad faith, they Vulcan Mountain Hospital and Lei Shenshan
are obliged to refuse the instruction. Trademark Hospital will be registered as trademarks, which
agencies that violate the provisions in Article 4 will cause significant social adverse effects, and
can face dministrative penalties under Article 68. should be rejected according to law Trademark
The administrative department for industry and Law Article 10 and Article 3213. Article 10 The
commerce shall order correction within a time frame, following marks may not be used as trademarks:
give a warning, and impose a fine of 10,000 to 100,000 （4）those identical with or similar to the
yuan; give a direct warning to the person in charge office marks, inspection marks that indicate
and other directly responsible persons, and impose the controlling or providing guarantee, except
a fine of 5,000 to 50,000 yuan; Constitute a crime, be with authorization. Article 32 No trademark
held criminally responsible. application shall infringe upon another party’s
existing prior rights. Nor shall an applicant rush
BENCHMARK CASES OCCURRED ON THE to register in an unfair manner a mark that is
SENSITIVE OCCASION already in use by another party and that enjoys
substantial influence.
The latest enforcement of the law was shown by the
CNIPA, which stepped up the effort to control the A Changsha company also submitted a trademark
application for registration of trademarks related to registration application for the name of Dr. Li,
the epidemic that are likely to have an adverse effect, which aroused public concern. The trademark office
and rejected the trademarks that have entered the
South China Business Journal 20
