On July 26th, the highly anticipated 33rd Olympic Games officially commenced in Paris, once again bringing the familiar emblems that embody the Olympic spirit into the global spotlight. Among these iconic symbols, the Olympic Rings stand out as the most universally recognized emblem of the Olympic Games.
Conceived and designed by Pierre de Coubertin in 1913, these intertwined five rings represent the five continents that participate in the modern Olympic Games: Europe, Asia, Africa, Oceania, and the Americas. Each of the five rings is painted in a distinct color, and every nation that competes in the Olympic Games can find at least one of these colors represented on its national flag.
Indeed, in addition to the iconic Olympic Rings, the Olympic Games encompass numerous other proprietary symbols such as the Olympic Flag, the Olympic Motto, the Olympic Emblem, the Olympic Anthem, among others. These symbols, along with the related audio-visual content associated with the Olympic Games (collectively referred to as Olympic symbols), form an integral part of the Olympic intellectual property.
As for the ownership of these intellectual property rights, in China, the exclusive right to use the Olympic symbols rests solely with the following organizations:
l The International Olympic Committee (IOC), which is the global governing body of the Olympic Movement.
l The Chinese Olympic Committee (COC), which represents China in international Olympic affairs and oversees the participation of Chinese athletes in the Olympic Games.
l Institutions within China that have applied to host the Olympic Games, as they undergo the bidding and preparation process for the event.
l The organizing committees of the Olympic Games held within China, which are responsible for organizing and staging the event, including all related marketing, branding, and promotional activities that involve the use of Olympic symbols.
It's important to note that unauthorized use of these symbols by any other entity is strictly prohibited and may constitute a violation of intellectual property laws. China’s Regulations on the Protection of Olympic Symbols (2018) clearly define the scope of protection for Olympic symbols and the legal liabilities for infringing acts. The regulations prohibit unauthorized commercial use of Olympic symbols and the use of similar symbols that are likely to mislead the public, both of which constitute infringement of the exclusive rights to Olympic symbols. Furthermore, the use of elements related to the Olympic Movement in activities that are likely to mislead the public into believing there is a sponsorship or other support relationship with the Olympic symbol rights holder constitutes unfair competition and will be handled in accordance with the Law of the People's Republic of China Against Unfair Competition.
During the heightened excitement surrounding the Paris Olympics, many businesses may attempt to leverage the event’s popularity to boost brand awareness and sales. However, it must be emphasized that any unauthorized commercial activities, such as the introduction of “Olympic Special Editions” or “Olympic Packages”, or the use of related marketing tactics, may constitute infringement. Looking back, there have been numerous instances of Olympic infringement cases. The following text reveals two typical ones.
Case 1
Violation of Olympic Symbol Exclusive Rights by Beijing Tanghe Cultural Development Co., Ltd.
In August 2021, the Market Supervision and Administration Bureau of Miyun District, Beijing, received a complaint from the Beijing 2022 Winter Olympics Organizing Committee regarding suspected infringement of Olympic symbol exclusive rights by Beijing Tanghe Cultural Development Co., Ltd.
After investigation, it was found that the party posted on the official WeChat account of Beijing Gubei Water Town Tourism Co., Ltd. on August 6, 2021, the information “Kayaks in the Same Style as the Olympics Are Here! Outdoor Water Play in the Suburbs of Beijing, Gubei Water Town Enables You to Get New Water Play Skills!”, which contained the word “Olympics”. Without the permission of the Beijing 2022 Winter Olympics Organizing Committee (BOCOG) and the International Olympic Committee (IOC), by the time of inspection by law enforcement officials on August 16, 2021, a total of 760 tickets had been sold for the aforementioned activity, with ticket sales totaling 66,645 yuan. This act, without the permission of the exclusive rights holder of Olympic symbols, violated the exclusive rights of Olympic symbols. In accordance with the relevant provisions of the Regulations on the Protection of Olympic Symbols, the law enforcement agency ordered the party to immediately cease the infringement and imposed an administrative penalty of 66,000 yuan on the party.
This case serves as a typical example of a corporate utilizing WeChat official account infringing upon the exclusive rights of Olympic symbols, which is conducive to deepening the understanding of Olympic symbols among enterprises and the public and enhancing awareness of the importance of protecting Olympic intellectual property rights.
Case 2
Trademark Squatting Using Olympic Champions’ Names
On August 19, 2021, the China National Intellectual Property Administration (CNIPA) issued a notice stating that individual enterprises and natural persons had maliciously squatted on the names of Olympic athletes such as “Yang Qian”, “Chen Meng”, and “Quan Hongchan”, as well as popular terms with specific references such as “Xing Ge” and “Tian Shen”, by submitting trademark registration applications. These actions aimed to seize or improperly utilize others’ market reputation, infringing upon their right to name and legitimate rights and interests, causing adverse social impacts. In response, CNIPA condemned such practices and swiftly rejected 109 trademark registration applications (including those covering multiple classes within a single application), including No. 58130606 “Yang Qian”, No. 58108579 “Chen Meng”, and No. 58265645 “Quan Hongchan”, in accordance with Article 10, Paragraph 1, Item (8) of the Trademark Law.
These cases demonstrate CNIPA’s continued high-pressure stance against malicious trademark squatting, reinforcing the protection of the names of well-known public figures, including Olympic athletes. It also signifies a commitment to seriously addressing applicants and their entrusted trademark agencies that violate the principle of honesty and credit, maliciously apply for trademark registrations, and seek improper benefits, in accordance with laws and regulations, thereby fostering a favorable environment for innovation and business operations.
Conclusion
“Participation matters” may be the value orientation of the Olympic movement, but for businesses, when using Olympic symbols, they should be cautious and make sure to consult patent lawyers, attorneys, or relevant organizations to avoid hindering the work of the Olympic Committee.
References
1. 北京市市场监督管理局: 2021年度北京市市场监管部门知识产权领域执法十大典型案例, on https://scjgj.beijing.gov.cn/zwxx/scjgdt/202204/t20220422_2685962.html , publication date: 22 April, 2022.
2. 国家知识产权局: 关于依法驳回“杨倩”“陈梦”“全红婵”等109件商标注册申请的通告, on https://www.cnipa.gov.cn/art/2021/8/19/art_75_169554.html, publication date: 19 August, 2021.
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