Because it is not in compliance with the Trademark Law, YeShu Group's application for state banquet beverage related trademarks was rejected in the first instance

Borsam IP
China IP Today—————————————

On April 5, 2021, the Judicial Information Network of Beijing Court published other administrative judgments of first instance between YeShu Group Co., Ltd. and the State Intellectual Property Office. The plaintiff was YeShu Group, and the case was for reexamination of the administrative dispute over the rejection of the trademark application.

According to the Beijing Intellectual Property Court, the focus of the dispute in this case is whether the application for trademark registration conforms to the provisions of Article 10, paragraph 1 (8) of the Trademark Law.

Article 10, paragraph 1, Item (8), of the Trademark Law stipulates: "The following marks shall not be used as trademarks: (8) those harmful to socialist morality or customs or having other adverse effects."

When judging whether the relevant mark constitutes a situation with other adverse effects, consideration should be given to whether the mark or its constituent elements may have negative or negative effects on the social public interests and public order of China's politics, economy, culture, religion, nationality, etc., and the use of the contested trademark is generally not taken into account. In this case, the contested trademark "Yeshu Coconut China State Banquet Beverage and Picture", which contains the national "China", is designated to be used on the commodities under review, which is easy to cause adverse effects to the public. The contested trademark has violated the provisions of the first paragraph (8) of Article 10 of the Trademark Law.

To sum up, the defendant's decision to be sued is clear in finding the facts, correct in applying the law and lawful in examining the procedure, and the court supports it. The plaintiff's claim lacks corresponding factual and legal basis, and this court will not support it. In accordance with Article 69 of the Administrative Procedure Law of the People's Republic of China, the Court makes the following judgments: The claim of the plaintiff YeShu Group Co. Ltd was rejected. (Editing China Intellectual Property Magazine Zhang Chunyu)