Recently, the Beijing Intermediate People's Court ruled in the first instance that the China Songshan Shaolin Temple should not use the "Shaolin Medicine"(少林藥局) trademark for its products such as instant noodles, coffee and tea.
In August 2004, the Shaolin Temple submitted a trademark application to the Trademark Office under the State Administration for Industry and Commerce (SAIC), seeking to register the "Shaolin Medicine"少林藥局trademark for its franchised products such as instant noodles, coffee, take-out foods and tea. In September 2006, the trademark office rejected the application because the trademark would tend to mislead consumers to believe that such products have pharmaceutical effects.
The Shaolin Temple then filed a review before the Trademark Review and Adjudication Board (hereinafter refers to as TRAB). The Shaolin Temple alleged that the trademark has unique designs, and it is unlikely to mislead consumers to think of pharmaceutical effects.
However, the TRAB ruled that the name少林藥局in history has more than 100 secret prescriptions for treatment of different diseases. Originally, it served the monks in the Shaolin Temple and people nearby, although it occasionally terminated its operations because of wars or turmoil. If the mark "Shaolin Medicine"少林藥局is approved, it is most likely to cause consumers to consider it as a place where medicinal products or medical services. Therefore, TRAB rejected the Songshan Shaolin Temple’s application.
