The Comical Case of Jack’s Jingan Tire Empire and the Copycat Caper

Jack, the undisputed king of the Jingan jungle in Shanghai, ran a car repair shop that was the talk of the town. “Jingan Tires” was not just a place—it was a sanctuary for the priciest of purring supercars whose owners’ wallets were as thick as the plot of an old-school soap opera.

A wizard with wheels, Jack didn’t just fix these metallic beasts; he crafted tires for racecars that were so affordable, they made the imported ones look like they were made of solid gold. His prices were a steal – a quarter of the usual cost – and the supercar crowd couldn’t get enough. They flocked to his doorstep like celebrities to an awards show.

But, as with any tale of triumph, there’s always a twist. Jack’s rivals, green with envy, turned into tire-tapping tricksters. They slapped “Jingan Tires” on everything, from their shop signs to their tire treads. Confused customers started mixing up the shops like twins in a comedy movie.

Jack, hotter than a car engine in July, tried to play it cool and parley with the pretenders. But it was like talking to a wall with a “No Parking” sign. So, he pondered, “Should I take my tire tale to the next level and stamp my name in the book of law?”

Could our hero, Jack of Jingan, brand his brainchild before the baddies blatantly bootlegged his beloved business? It’s time for Jack to trade his wrench for a trademark and protect his rubbery realm from the copycat clutches!

Law In A Minute

Regrettably, Jack’s brand name includes “Jingan,” the designation of an administrative region in Shanghai that ranks above the county level. Consequently, the law prohibits its registration as a trademark due to its geographic significance.

Nonetheless, there is a singular exception to this restriction, which is the possibility of registering a collective trademark.

A collective trademark – also known as a collective trade mark or collective mark – is a trademark that is owned by an organization, such as an association, and is utilized by its members to signify a certain level of quality, accuracy, geographical origin, or other attributes established by the organization.

Collective trademarks stand as an exception to the fundamental tenet that trademarks typically function as “badges of origin,” indicating the unique source of goods or services. In contrast, a collective trademark can be employed by multiple traders rather than a single entity, on the condition that those traders are members of the association that owns the mark.

It is important to distinguish collective trademarks from certification marks. The primary distinction lies in the fact that collective trademarks are reserved for use by specific members of the owning organization, while certification marks can be used by any entity that meets the standards specified by the owner of the certification mark.

Legal Basis

Trademark Law

Article 10

None of the following signs may be used as trademarks:

(1) Those identical with or similar to the State name, the national flag, emblem or anthem, the military flag, emblem or songs, or medals of the People’s Republic of China; or those identical with the names or emblems of Central State organs, the names of the specific locations where the Central State organs are seated; or those identical with the names or designs of landmark buildings;

(2) Those identical with or similar to the State name, national flag, national emblem or military flag etc., of a foreign country, except with the consent of the government of that country;

(3) Those identical with or similar to the name, flag or emblem of an international inter-governmental organization, except with the consent of that organization or except where it is unlikely to mislead the public;

(4) Those identical with or similar to an official mark or inspection stamp that indicates control and guarantee, except where authorized;

(5) Those identical with or similar to the symbol or name of the Red Cross or the Red Crescent;

(6) Those having the nature of discrimination against any nationality;

(7) Those that are deceptive and likely to mislead the public in terms of the quality, place of production or other characteristics of the goods; and

(8)Those detrimental to socialist ethics or customs, or having other unwholesome influences.

No geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may be used as trademarks, except where geographical names have other meanings or constitute part of a collective trademark or certification trademark. Registered trademarks in which geographical names are sued shall remain valid.