I. Introduction

Public cultural resources, encompassing historical figures, cultural heritage sites, traditional skills, and folk customs, represent invaluable assets of human civilization. However, these resources have increasingly become targets of trademark squatting, where individuals or entities register trademarks derived from cultural resources without legitimate rights, seeking to profit from others’ legitimate use.

II. Forms of Trademark Squatting

A. Registration of Historical Figure Names

Names of famous historical figures, literary characters, and cultural icons are frequently registered as trademarks by parties with no connection to the cultural resource.

B. Geographic Indication Appropriation

Traditional production areas and geographic indicators associated with cultural products are registered by outside parties.

C. Traditional Craft and Skill Names

Names of traditional crafts and skills are registered to exclude legitimate practitioners.

III. Legal Framework for Protection

A. Trademark Law Provisions

Under China’s Trademark Law, trademarks that are merely descriptive or lack distinctiveness may be refused registration. Additionally, trademarks contrary to public order or morality may not be registered.

B. Well-Known Trademark Protection

Well-known trademarks enjoy broader protection, and registration of marks confusingly similar to well-known marks may be opposed.

C. Geographic Indication Protection

Geographic indications for traditional products may receive protection under special registration systems.

IV. Regulatory Challenges

A. Classification Difficulties

Distinguishing between legitimate trademark registration and squatting poses practical difficulties.

B. Interest Conflicts

Balancing trademark rights with public cultural heritage interests requires careful consideration.

C. Enforcement Gaps

Cross-jurisdictional enforcement and resource constraints limit effective regulation.

V. Policy Recommendations

A. Public Interest Exclusion

Consider establishing clearer public interest exceptions for trademark registration of cultural resources.

B. Prioritization of Cultural Institutions

Grant priority registration rights to cultural institutions and heritage organizations.

C. Enhanced Examination

Strengthen trademark examination procedures for cultural resource-related applications.

VI. Conclusion

Protecting public cultural resources from trademark squatting requires a multifaceted approach combining legal reform, institutional development, and international cooperation.