Brief Introduction

The Wuhan Huoshenshan Hospital was established on Jan 27, 2020, with a unified social credit code of 12420100MB1B8439XP.

The Shanghai Municipal Market Supervision and Administration Bureau initiated investigations into illegal activities in its jurisdiction based on a notice from the China National Intellectual Property Administration on the rejection of epidemic-related trademarks such as "Huoshenshan" – a Wuhan hospital set up for the pandemic.

According to investigations, on Feb 18, 2020, Shanghai Diqi New Material Technology Co Ltd entrusted Shanghai Jiacheng Trademark Agency Co Ltd to apply for the registration of two trademarks related to Huoshenshan with the application numbers 44122152 and 44118486.

On April 22, 2020, in accordance with the comments of the CNIPA and taking into account the specific circumstances of the case, the bureau determined that registration for the two trademarks would have negative effects and damaged the rights of others according to the Trademark Law.

The authority imposed an administrative penalty of 10,000 yuan ($1,561) on the party concerned, and administrative penalties of 80,000 yuan and 5,000 yuan on the agency and person in charge of the agency, respectively.

Expert Comment

Some people are saving lives, but some are rushing to register trademarks. During the COVID-19 pandemic, individual applicants rushed to register trademarks related to the epidemic, such as Huoshenshan, which caused widespread concern and hand an adverse social impact.

In accordance with the guidance of the CNIPA, the case-handling agency responded quickly and launched a detailed investigation to deal with the law-breaking applicants, agencies, and responsible persons. At the same time, it adhered to the principle of combining punishment with strengthened education for the enterprises involved.

The investigation and handling of this case showed the law enforcement strength of the trademark law enforcement department during the epidemic, and gave people from all walks of life a better understanding of the illegality and harmfulness of maliciously registered trademarks. (Lin Haihan, secretary general of the Shanghai Trademark Association)