Malicious trademark squatting is not advisable; "King of Football Messi" has been rejected.
Compiled from The Paper
Case review
[2] Currently, the 22nd FIFA World Cup is being held in Qatar, drawing global attention. However, a few enterprises and individuals, aiming for improper gains, have maliciously registered trademarks for hot terms and symbols such as "World Cup", famous football stars' names, and the World Cup mascot "LAEEB" and "La'eeb", infringing on public interests.
[3] According to a notice published on the official website of the Trademark Office of the China National Intellectual Property Administration (CNIPA) on December 2, the CNIPA issued a "Notice on Legally Combating Malicious Registration of Trademarks such as 'World Cup' and 'La'eeb'". The notice states that the CNIPA places high importance on protecting intellectual property rights for the Qatar World Cup and resolutely combats malicious registration. Based on Article 10, Paragraph 1, Item (7) of the Trademark Law, it rejected 26 trademark registration applications, including No. 66999855 "World Cup" and No. 63803887 "LAEEB". According to Article 44, Paragraph 1 of the Trademark Law, it declared the registered trademark No. 63767652 "LAEEBS" invalid ex officio.
[4] In the list of rejected trademark registration applications published by the CNIPA, multiple companies and individuals applied to register trademarks such as "La'eeb", "World Cup", "King of Football Messi", "Mr. Messi", "C Ronaldo", and "C Ronaldo Sportswear", all of which were rejected by the CNIPA.
[5] The CNIPA stated that it will maintain a high-pressure stance, continue to deepen special actions against malicious trademark registration, strengthen protection for World Cup-related hot terms and symbols, including the World Cup, its mascot, and famous football stars' names, and handle applicants and their entrusted trademark agencies that violate the principle of good faith and maliciously register trademarks for improper gains in accordance with laws and regulations. It will resolutely uphold a clean and orderly trademark registration management system, effectively protect the legitimate rights of market entities, and safeguard public interests. Meanwhile, the public is welcome to supervise and report suspected malicious registration activities.
Trademark Law of the People's Republic of China
Article 10
[6] The following signs shall not be used as trademarks:
(1) Identical or similar to the name, national flag, national emblem, national anthem, military flag, military emblem, military song, or medals of the People's Republic of China, as well as identical to the names, symbols, names of specific locations of central state organs, or names and graphics of landmark buildings;
(2) Identical or similar to the name, national flag, national emblem, or military flag of a foreign country, except where authorized by the government of that country;
(3) Identical or similar to the name, flag, or emblem of an intergovernmental international organization, except where authorized by the organization or unlikely to mislead the public;
(4) Identical or similar to official marks or inspection stamps indicating control or guarantee, except where authorized;
(5) Identical or similar to the name or symbol of the "Red Cross" or "Red Crescent";
(6) Containing ethnic discrimination;
(7) Those that are deceptive and likely to cause the public to misidentify the quality or origin of the goods;
(8) Those that are harmful to socialist morals or have other adverse effects.
The names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, this does not apply if the place name has another meaning or is part of a collective mark or certification mark; trademarks that have already been registered using place names shall remain valid.
[1] The author's perspective
Malicious trademark squatting primarily exploits the first-to-file principle of the Trademark Law. The squatter acts with subjective malice, meaning they knowingly or should have known that their actions would harm the interests of others, society, or the state, yet deliberately use deceptive or evasive legal means to benefit themselves at the expense of others. Such behavior exploits legal loopholes for personal gain, violates the principles of fair competition and good faith, contravenes the Paris Convention and WTO rules, and breaches commercial ethics.
These companies and individuals, capitalizing on the ongoing World Cup, seek to register popular elements as trademarks, essentially riding on the event's popularity. The recent decisive actions by the China National Intellectual Property Administration (CNIPA) to reject pending applications and invalidate illegally registered trademarks have far-reaching and significant implications. The CNIPA has sent a strong signal that it will severely crack down on intellectual property violations. Moreover, this operation not only effectively demonstrates the strength and scope of China's legal protection of intellectual property but also firmly upholds China's international image of governing the country according to law.
