Japanese ‘Reiwa’ for the new emperor, gets entangled with ‘Linghe’ trademark

Source:Global Times Published: 2019/5/20 21:48:41

Japan announced the name for new emperor Naruhito's era as Reiwa on April 1, but the same name was registered as a trademark in 2017 in China. 

"If Japanese companies use 'Reiwa' on their products sold in China, they risk breaking Chinese laws," Song Huajin, a lawyer based in Shanghai, told the Global Times on Monday. 

The trademark Linghe (Reiwa in Chinese) was registered by entrepreneur Liu Zhenxi in 2017 under a category for alcoholic beverages. Granted on October 21, 2018 by China's National Intellectual Property Administration, the trademark can be used exclusively for 10 years.

Liu's trademark agent, the Hebei Feifan trademark agency, confirmed to the Global Times on Monday that the application was made in 2017, long before the public selection of Japan's new era name, which began on March 14, 2019.

The Japanese government made every effort to keep the era name secret before the announcement. Jiji news agency said the era name document was stored in the cabinet's official coffers, and even potted plants in the building had been checked for bugs.

The Japan Patent Office said that 'Reiwa' trademark registered by Liu did not belong to "counterfeited registered trademark" since the application was filed before the publication of the Japanese era name, according to media reports.

"The interest in Japanese alcohol among Chinese consumers may be a new wave arising from the trademark, which falls under the category of alcoholic beverages," Bai Yimin, an expert at the Institute of Japanese Studies at the Chinese Academy of Social Sciences, told the Global Times on Monday.

Another two alcohol companies registered Linghe as a trademark in early April. Luzhou Qiannian Corp based in Southwest China's Sichuan Province registered a liquor under the trademark on April 3. 

Over 1,200 applications also filed for Reiwa-related trademarks in China within a month after the new Japanese era name was announced, according to media reports.

"If there is evidence that a trademark will have any negative impact, the relevant authorities will reject the registration," said Liang Hui, a Beijing-based lawyer. 

"The trademarks applied after April 1 when 'Reiwa' was announced as new era name will be rejected by China's trademark office during registration process," said Guo He, a professor of Law School at Renmin University told Global Times on Monday.

"Companies are responsible for avoiding direct or indirect political meanings associated with the trademark," Song added.



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