The Chaoyang District Market Supervision Bureau (in Beijing) has fined Beijing Yijie Shunda International Intellectual Property Agency Co., Ltd. 100,000 RMB (about $14,000 USD) for the malicious filing of trademarks related to the coronavirus epidemic. The agency applied on behalf of two clients for trademarks for 火神山 (literally, Vulcan Mountain) and 雷神山 (literally, Thor Mountain), the names of two front line hospitals in Wuhan treating patients infected with the coronavirus SARS-CoV-2 that causes COVID-19 disease.
In follow up to the notice of February 27, 2020 cracking down on malicious epidemic-related trademark applications, the Chinese Trademark Office has announced the rejection of 63 malicious trademarks for the names of Wuhan hospitals and other epidemic-related marks and 37 malicious trademarks for “Li Wenliang,” one of the Wuhan doctors that initially warned of the virus and later succumbed to it.
In a notice dated February 27, 2020, the Chinese Trademark Office announced issuance of the Guidelines for the Examination of Epidemic Prevention and Control-Related Trademarks, which provides guidance on the examination of marks for the names of people involved in the epidemic, marks related to the epidemic virus and disease, marks related to epidemic-related drugs, marks for protective products (e.g., respirators), and other marks related to the epidemic.
In January 2020, China’s Supreme People’s Court (最高人民法院) ruled in favor of Christian Louboutin for his red sole trademark. The Supreme People’s Court decision upholds an earlier decision from Beijing Higher People’s Court that ruled even though single color marks are not listed as eligible in Article 8 of the Chinese Trademark, Article 8 does not exclude marks not enumerated in Article 8. Specifically, Article 8 lists combinations of colors as eligible for application but does not list a single …