ZYIP successfully overcame the "negative impact" caused by the trademark of the martyr's name and completely rejected it. This marked a new paradigm of integrating legal principles with soci

2025-11-19

I. Case Introduction
The core trademark of a certain enterprise was rejected by the Trademark Office based on the absolute clause of Article 10, Paragraph 1 of the Trademark Law, which stipulates "adverse effects", because it contained the name of a martyr. This has put the enterprise at the risk of losing all its brand assets, which is a devastating situation. Facing an average success rate of less than 5% for such cases, ZYIP established a specialized task force and innovatively adopted a three-pronged breakthrough strategy of "historical traceability - social cognition - case comparison", ultimately successfully persuading the review authority and achieving the preliminary approval of the trademark, thus opening up a new path and argumentation paradigm for the resolution of similar cases that were initially rejected on absolute grounds.

II. Case Details
1. Customer Type/Industry
This case involves an enterprise that has made a specific trademark the core carrier of its brand strategy. Its brand has accumulated extensive market reputation through long-term operation.

2. Customer Pain Points/Problem Description
(1) Core Assets at Risk of Vanishing: The trademark, which is the core of the brand strategy, was rejected by the absolute clause. If it cannot be registered, the brand assets cultivated over the years will be completely lost.
(2) Business Layout May Need Reconfiguration: The existing market layout and future strategic planning are at risk of structural risks and significant value loss due to the absence of the core trademark.
(3) Legal Obstacles Extremely Difficult to Overcome: The discretionary space of the "adverse impact" clause is large, and the emotional factors involved in cases involving the names of martyrs are particularly special. Traditional defense strategies are almost ineffective.

3. Solutions and Process
(1) In-depth Historical Trace: Conduct a systematic investigation into the historical evolution of the names of the deceased martyrs, establish a complete chain of historical evidence, and clarify the historical facts.
(2) Social Cognition Research and Argumentation: Utilize scientific methods of social cognition research to collect and present public cognition evidence, and effectively demonstrate that the actual use of this trademark in the market has not harmed the reputation of the martyrs and the public sentiments.
(3) Comparative Study of Cross-Border Cases: Systematically study and draw on the handling approaches and judicial rules of similar cases from both domestic and foreign sources, and extract persuasive legal handling paradigms to provide a reference for the review.

4. Achievements/Results
(1) Achieving a breakthrough at the limit: Successfully overturned the unfavorable judgment in a case where the success rate was extremely low through a reasoning refutation, and the trademark was preliminarily approved.
(2) Protecting core assets: This case successfully safeguarded the client's core brand carrier, avoiding significant direct economic losses and the disruption of strategic planning.
(3) Establishing a successful model: The "trinity" breakthrough strategy formed in this case has established a successful model that can be referred to for such trademark cases involving historical figures and value judgments.

III. Case Significance
The success of this case goes far beyond the mere acquisition of trademark rights in this particular case. Its core value lies in the fact that it successfully extended the application of pure legal provisions to the examination of historical background, the empirical analysis of social public opinion, and the integration and borrowing of cross-jurisdictional legal principles. This marks a significant upgrade in trademark legal services, moving from technical refutation of re-examinations to a comprehensive game that combines legal interpretation skills, historical research capabilities, and social value judgments. In this case, ZYIP not only opened up new opportunities for the enterprise in a similar desperate situation, but also promoted more meticulous and fair application considerations of the "undesirable impact" clause in the review process, achieving positive impacts from individual case breakthroughs to rule practice.

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