Mr. Fan Zeng is a contemporary famous master of Chinese culture, a master of calligraphy and painting, a writer and a poet. He enjoys a high reputation in Chinese calligraphy and painting circles. Entrusted by Mr. Fan, Zhilin filed the request for trademark oppositions before CTMO against a plurality of graphical and literal trademarks which were maliciously copied and registered by a wine industry group. The oppositions involve 168 trademarks in total. The CTMO has given a decision that all the 168 disputed trademarks should not be approved for registration.

After examination, the CTMO holds that the evidence materials provided by the opponent can prove that the opponent is a contemporary famous scholar, calligrapher and painter, and his art works have unique styles. The manifestation of the relevant disputed trademarks is basically the same as the writing style and visual effect of the opponent's calligraphy works or similar to the main elements and visual effect of the opponent's painting works. The filing of the applications for registration of these disputed trademarks is considered as an infringement to the copyright of the opponent's art works. After investigation, the opposed party also applied for several trademarks that were highly similar to the elements of the opponent's art works. This behavior was obviously malicious, and violated the principle of good faith. The objection grounds filed by the opponent are justified, and the disputed trademarks shall not be approved for registration.

The painting and calligraphy works in this case were transferred to the opposed party by means of collection, and the opposed party maliciously registered the trademarks in the way of copying and splicing the opponent's art works. According to the relevant provisions of the Chinese Copyright Law, the transfer of the ownership of the original art work shall not be regarded as the transfer of the copyright of the work. That is to say, even if the objector enjoys the ownership of an art work, he does not automatically enjoy the copyright of the work, and he should acquired authorization from the copyright owner before filing an application for the registration of an art work as a trademark.

The success of the series of objection cases effectively protects Mr. Fan Zeng's legal rights and interests. The copyright of original work deserves to be respected and protected, so that the civilization of human society will constantly progress and develop.