Brief Introduction

In March 2020, the Shanghai Market Supervision Administration received clues from superior authorities that some trademark agencies and applicants in the city maliciously registered trademarks related to the COVID-19 pandemic during the epidemic period.

Investigations showed that from the end of January to the middle of February in 2020, seven trademark applicants applied themselves or commissioned trademark agencies for the registration of "Huoshenshan", "Leishenshan", "Li Wenliang” and other epidemic-related trademarks.

The law enforcement team believed that the trademark applications damaged the prior rights of relevant hospital names and names of martyrs, and violated the Trademark Law.

A penalty of 10,000 yuan ($1,546) was imposed on each of the seven trademark applicants, and fined the four involved trademark agencies from 70,000 yuan to 85,000 yuan accordingly.

Professional Comments

During the early stages of the COVID-19 outbreak, Huoshenshan and Leishenshan hospitals in Wuhan, capital of Hubei province, were saving people's lives and Doctor Li Wenliang lost his life saving others. They were admirable. But some enterprises and trademark agencies were blinded by their lust for money and maliciously registered related trademarks, which not only violated legal regulations and business ethics, but also had an adverse social impact.

The handling of the case gave the public a better understanding of the illegality and harmfulness of maliciously registered trademarks.