Chinese martyrs’ names cannot be used for trademark registration in China primarily for the following two major reasons:
- According to Article 10(8) of the China Trademark Law: Signs that are “detrimental to socialist morality or customs, or [signs that] have other negative social influences” shall not be registered as trademarks. Using the names of Chinese martyrs for trademark registration is likely to generate negative social influences and is therefore prohibited from being used as a trademark.
- According to Article 22(2) of the Law of the People’s Republic of China on the Protection of Heroes and Martyrs: “The names, portraits, reputations, and honors of heroes and martyrs shall be protected by law. No organization or individual may infringe upon the names, portraits, reputations, or honors of heroes and martyrs in public places, online, or via radio, television, film, publications, etc., by means of insult, defamation, or other methods. No organization or individual may use the names or portraits of heroes and martyrs in trademarks or commercial advertisements, or in a disguised manner, thereby damaging their reputation or honor.“
Therefore, IPRLaoliu solemnly reminds trademark applicants that when applying for a Chinese trademark, especially a name trademark, it is essential to search the intended trademark name on the China Martyrs’ Website (中华英烈网 – Zhonghua Yinglie Wang) to check for any identical names. If a match is found, it is advisable to abandon the name and choose a different one.
