I live near Niujie Street in Beijing. Niujie is a gathering place for the Hui people. It has a famous mosque and you can often see people wearing ethnic costumes coming and going.
I am Han Chinese and a staunch atheist, but when I face the icons of Laozi, Guanyin, Christ, and Allah, I will bow and salute, not because of belief, but because of respect. These images that have profoundly influenced human history definitely deserve our full respect.
So when I walk in Niujie, I am always careful and pay special attention to my words and deeds, for fear of offending others due to my slip of the tongue or other inappropriate behavior. Others have the right to choose their own religion, and I should learn to respect other people's choices.
Even those folk mountain gods, although they are not classified into systematic religions, are still gods worshiped by the people. In the hearts of worshipers, they are often saints who bring blessings and kindness to the world.
Precisely because gods often represent good wishes such as blessings, trust, and safety in people’s hearts, some people not only burn incense and bow to the gods when doing business, but also think about it when choosing a trademark. A touch of divine aura.
It’s just that no matter which god it is, what they enjoy is only the incense of the human world, not the noise of the market. Even if a god accidentally sprains his foot and wants to experience the fireworks of the human world, he will register it in the trademark registration. When the time comes, he will return to the throne of god.
For example, Emperor Taishan.
The trademark No. 3011175 "Taishan Emperor" was approved for registration in 2003, and the owner is Shandong Wanjia Building Materials Co., Ltd. Ten years later, in 2013, Taishan Gypsum Co., Ltd. filed an application for invalidation with the Trademark Review and Adjudication Board.
The main reason of Taishan Gypsum Co., Ltd. is that the "Taishan Emperor" trademark is harmful to religious beliefs, religious feelings or folk beliefs, and submitted a request for approval of the religious idol "Taishan" issued by the Tai'an Municipal Ethnic and Religious Affairs Bureau. "Emperor" is not suitable for use as evidence of trademark transfer and online reports about Taishan the Great.
Shandong Wanjia Building Materials Co., Ltd. did not respond within the time limit specified by the Trademark Review and Adjudication Board.
After trial, the Trademark Review and Adjudication Board believed that "Taishan the Great" is one of the Taoist gods and is the name of a god unique to the Taoist Taishan area in Shandong. If used as a trademark, it will easily hurt the feelings of religious people, thereby causing adverse effects. Moreover, Shandong Wanjia Building Materials Co., Ltd. is also located in Shandong. It should be aware of the religious significance of "Emperor Taishan" and the adverse social impact that its registered trademark can easily produce.
According to the provisions of Article 10, paragraph (8) of the Trademark Law of the People's Republic of China, the trademark "Taishan the Great" is declared invalid.
Shandong Wanjia Building Materials Co., Ltd. received this ruling, expressed dissatisfaction, filed a lawsuit, and took it all the way to the Supreme People's Court.
The Supreme People's Court ruled as follows: In this case, it was recorded in the "Tai'an City Chronicles", "Tai'an Region", "Dictionary of Gods and Monsters" and other books submitted by Wanjia Company, as well as the website of the Taoist Association: Dongyue Taishan The Great Emperor is one of the Taoist gods. He is also known as "Dongyue Great Emperor", "Taishan God", "Dongyue Rensheng Tianqi King" and other titles. He is the mountain god of Taoism and the ruler of the underworld. He was not only enshrined in Zen by emperors of all dynasties, but also in It has been enshrined and worshiped by the common people and Taoist believers for a long time, and has a very high religious status.
The Ethnic and Religious Affairs Bureau of Tai'an City and the Taoist Association of Tai'an City also issued statements proving that "Emperor Taishan" is the title of a Taoist deity. Their knowledge itself is the knowledge of relevant institutions.
The registration and use of "Taishan Emperor" as a trademark by Wanjia Company and the original applicant may cause harm to religious beliefs, religious feelings or folk beliefs, thereby causing adverse effects, which falls under Article 10 of the Trademark Law. The circumstances specified in Article 1(8) shall be revoked.
Although Wanjia Company worked very hard to let Emperor Taishan experience more of the fireworks in the world, in the end they did not leave this god in the market.
The reasoning in the judgment of the Supreme People's Court is very clear: if a mark has religious meaning, regardless of whether the relevant public can generally recognize it, whether the mark has been used and has a certain degree of popularity, the mark can usually be considered to be registered. It is harmful to religious feelings, religious beliefs or folk beliefs and has adverse effects.
In another trademark case of "Three Gorges Buddha Seal", the Trademark Review and Adjudication Board, the Court of First Instance, and the Court of Second Instance also unanimously believed that the trademark is a term related to Buddhism, and its commercial use as a trademark may cause harm. The feelings of Buddhist believers can easily have a negative impact on the religious belief order in our country, and were eventually declared invalid.
So, gods are gods after all. Even if they occasionally receive earthly energy and go down to earth for a walk, they will either make mistakes or try something new. In the end, they will return to the throne of immortals and sit on the altar.
As a trademark that is full of money and money, it is better to avoid religion and gods. Otherwise, no matter how hard you try to litigate, you will only make the gods unhappy, the believers angry, and the administrative agencies and courts basically disagree.
I believe that even if they use human trademarks, God will bless those businesses that abide by the law and operate with integrity to prosper.