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Apr 14,2020
Express n° 7 Case: TM | First Bad Faith Trademark Applicant and Agent Fined by Local MRA
Amid the coronavirus outbreak, opportunists seeking to monetise the internet buzzwords pertaining to the pandemic have turned to filing trademark applications for the registration of the late coronavirus whistleblower medic LI WEN LIANG’s name, as well as “Fire God Mountain” and “Thunder God Mountain”, names of the two field hospitals China built within days in the epicenter of Wuhan to treat the disease.
China National Intellectual Property Administration (CNIPA) has been responding quickly.
On February 27, 2020, a Changsha company, which filed 4 trademark applications for Doctor Li Wen Liang’s name right after his passing, was ordered by the local market regulation administration to make a public apology and withdraw the applications, citing “violation of social morality and causing an adverse impact on society”.
On Mach 11, 2020, a local trademark agency in Beijing was fined RMB 100,000 by the market regulation administration of Chaoyang District for assisting two applicants in filing a total of 10 trademarks of “Fire God Mountain” and “Thunder God Mountain”.
On March 26, 2020, an individual applicant was fined RMB 2,000 by the market regulation administration of Shaoxing in Zhejiang for registering the trademark “LI WEN LIANG”. The local MRA also imposed a fine of RMB 20,000 and RMB 10,000 on the applicant’s trademark agency and its responsible person, citing Article 3 and Article 12 of the Several Provisions on Regulating Application for Trademark Registration.
As of March 16, 2020, among 1,580 trademark applications in relation to the coronavirus pandemic, 328 applications have been ex-officio rejected by the CNIPA, and 866 applications have been voluntarily withdrawn by the applicants.
Contributed by: Mingming Yang