Case Example: Trademark Invalidity Declaration Case No. 14383893, “Yangzhuoyongcuo”
Disputed Trademark: 
I. Basic Case Facts
Trademark No. 14383893, "Yangzhuoyongcuo" (hereinafter referred to as the disputed trademark), was filed for registration by Tibet Tunmi Culture Tourism Co., Ltd. (the applicant in this case) on April 15, 2014, and was approved for use on August 7, 2015, for goods in Class 29, "Fish products, pickled fruits". On April 5, 2017, Langkazi County Yangzhuo Investment Co., Ltd. (the applicant in this case) filed an invalidation request for the disputed trademark. The applicant stated that "Yangzhuoyongcuo" is located in Langkazi County and enjoys extremely high popularity and influence in Tibet and even nationwide. The application and registration of the disputed trademark will cause relevant members of the public to misinterpret the origin and quality of the goods designated for use under the disputed trademark, violating the principle of good faith and credit. "Yangzhuoyongcuo" is a public resource, and exclusive use by one party will have a negative social impact. The registration of the disputed trademark violates Article 10, Paragraph 1, Item (8) of the Trademark Law and should be declared invalid. The applicant did not respond within the prescribed time limit.
II. Ruling
After deliberation, it is considered that: The location of the applicant is different from the location of "Yangzhuoyongcuo". The applicant's application for registration of "Yangzhuoyongcuo" as a trademark for goods in "fish products, pickled fruits" is likely to lead relevant members of the public to believe that the above-mentioned goods originate from "Yangzhuoyongcuo" or have a specific association with "Yangzhuoyongcuo", thus causing misinterpretations of the quality and origin of the goods. Therefore, the registration of the disputed trademark constitutes the circumstances referred to in Article 10, Paragraph 1, Item (7) of the Trademark Law.
"Yangzhuoyongcuo" is one of the three major sacred lakes in Tibet and enjoys high popularity in Tibet. The registration of the disputed trademark constitutes the circumstances referred to in Article 10, Paragraph 1, Item (8) of the Trademark Law.
III. Typical Significance
This case involves the trial of Article 10, Paragraph 1, Item (7) and Article 10, Paragraph 1, Item (8) of the Trademark Law concerning place names with religious significance. Article 10, Paragraph 1, Item (7) of the Trademark Law stipulates that marks that are deceptive and are likely to cause the public to misinterpret the quality or other characteristics or origin of goods shall not be used as trademarks. The "other adverse effects" referred to in Article 10, Paragraph 1, Item (8) of the Trademark Law include those harmful to religious beliefs, religious sentiments, or folk beliefs.
"Yangzhuoyongcuo" is one of the three major sacred lakes in Tibet and enjoys high popularity in Tibet. It carries the Tibetan people's boundless imagination and expectations for religion and nature. Devout Buddhists make a pilgrimage around the lake every year. As a cultural tourism company, the applicant, whose location is different from that of "Yangzhuoyongcuo", applying for the registration of "Yangzhuoyongcuo" as a trademark for "fish products, pickled fruits" will cause relevant members of the public to misinterpret the quality and origin of the goods, and may also damage religious sentiments, thus causing adverse effects.
