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Case Study on Trademark Invalidation of "Linghu Chong LINGHUCHONG and Map" No. 1816221

Released Date: Nov 02,2022 Article Source: HUANZE
Linghu Chong, the protagonist of Jin Yong's famous swordsman novel The Swordsman, is familiar to most people. Li Shizhen Pharmaceutical Group Co., LTD. (hereinafter referred to as Li Shizhen Company) registered and used the word "Linghuchong" as a trademark component in non-personal deodorant and other products, and claimed that it meant "flushing away the odor such as fox odor", which aroused the dissatisfaction of Minghesshe Publishing Co., LTD. (hereinafter referred to as Minghesshe Company), which was authorized by Jin Yong to carry out rights protection actions. The two thus launched a fierce dispute.

      Linghu Chong, the protagonist of Jin Yong's famous swordsman novel The Swordsman, is familiar to most people. Li Shizhen Pharmaceutical Group Co., LTD. (hereinafter referred to as Li Shizhen Company) takes "Linghu Chong" as its three characterstrademarkThe ingredients were registered for use in non-personal deodorant and other products, and claimed to "make the odor of body odor go away at once", which triggered the dissatisfaction of Minghe Publishing Co., LTD. (hereinafter referred to as Minghe Publishing Co., LTD.), which was authorized by Jin Yong to carry out rights protection activities, and the two launched a fierce dispute.

      Recently, as the Beijing Municipal High People's Court made the final judgment, the two sides lasted nearly4The year of entanglement concluded, the State Intellectual Property Office to No1816221The name "Linghu Chong"LINGHUCHONGAnd picture"trademarkThe decision to invalidate (hereinafter referred to as the contested trademark) was ultimately upheld.

     The name "Linghu Chung" has been well known to the general public in China. Li Shizhen Company should know about it and should avoid giving in. It applied for registration of the lawsuittrademarkNo act is ever justified. The trademark registration behavior, improper occupation of public resources, has constituted the situation of obtaining registration by improper means, life court rejected the appeal of Li Shizhen company, the trademark was declared invalid.

Case study No1816221The name

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