Known for his visceral, brooding characterization, Marlon Brando is widely considered one of the most significant icons of the 20th century. In December 2017, a company applied to register “Marlon Brando” and the Chinese equivalent in respect of the goods “after-sun moisturizers, hair conditioners, hair mask” in class 3 in China. BRANDO ENTERPRISES, LP, the company that manages the late actor’s estate, raised oppositions against the applied trademarks. In China, an individual’s name right is no longer protectable after his/her decease. Though Mr. Marlon Brando passed away in July 2004, the China National Intellectual Property Administration (CNIPA) ruled to reject the trademark applications, finding that in light of the unrivaled reputation of Mr. Marlon Brando, the registration and use of the trademarks is likely to create association between the goods to which the trademarks are attached and Mr. Marlon Brando, bring confusion among the consumers and result in negative influence to the public interest and order, which goes against Article 10.1.8 of the Trademark Law.

Contributed by: Mingming Yang & Ye Cai