Amid the COVID-19 outbreak, opportunists applied to register the buzzwords pertaining to the pandemic as trademarks, such as “LI WEN LIANG”, the name of a Chinese ophthalmologist who worked at Wuhan Central Hospital and alerted the other doctors about the coronavirus, 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.

On February 7, 2020, the China National Intellectual Property Administration (CNIPA) issued the Guidance On Examining Trademark Applications Relating To Prevention And Control Of Epidemic, underlining such applications shall be rejected. 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pandemic, 328 applications have been ex-officio rejected by the CNIPA, and 866 applications have been voluntarily withdrawn by the applicants.

On April 8, 2020, the CNIPA further issued the Letter On The Application of The Laws For Regulating The Bad Faith Applications Amid The Prevention And Control Of COVID-19 Pandemic, which is publicized afterwards at the request of Wanhuida. The aforesaid Letter clarifies that the applications for trademarks pertaining to the COVID-19 pandemic falls under the circumstances of “signs having other negative impact” and “damaging other’s rights” as stipulated in Article 10.1.(8) and 32 of Trademark Law as well as Article 3.6 and 3.4 of the Measures on Regulating the Application and Registration of Trademarks. This Letter also underlines that the bad-faith applicants shall be given a heavier punishment pursuant to Article 68.4 of the Trademark Law and Article 12 of the Measures on Regulating the Application and Registration of Trademarks.

Contributed by: Mingming Yang