On October 16, 2023, China’s Supreme Court published typical cases on the protection of personality rights of private enterprises and entrepreneurs. While the typical cases mostly relate to defamation, others relate to trademark registration of another’s name made by opportunists, which can invalidate trademark registrations of eponymous corporations.

The Supreme People’s Court gives an explanation:
Case: Registration of a trademark containing another person’s name for improper purposes.

The plaintiff, Xie, is the chairperson of a well-known company. The defendant Chen and the plaintiff are fellow villagers, and previously they had financial disputes. From 2014 to 2022, Chen successively applied to register multiple trademarks that have the same pronunciation of Xie’s name and the name of his company. The classes covered by these trademarks include urns, coffins and other funeral supplies. In 2022, Chen registered a funeral service business with the same name as Xie.

Xie believed that Chen used Xie and his company’s name in an insulting manner without his permission, which violated social morality and seriously damaged his image and reputation, putting himself and his relatives under great mental pressure. Xie demanded that Chen must apologize, compensate for losses, and pay damages for mental harm.

The court held that Chen applied for trademarks under Xie’s name and the name of his company and used them for funeral supplies. Such behavior was an act against Xie for improper purposes and showed obvious subjective malice. Chen violated Xie’s right to his name and personal dignity, so he had to bear corresponding civil liability. As a result, Chen was ordered to stop using the relevant trademarks, apologize, and pay compensation for mental distress.