By Joy Dong
China’s courts are increasingly called upon to balance trademark rights with the protection of prior works and cultural creations. A recent dispute over the novel and television series Zhui Xu (“赘婿”, Son-in-Law) highlights how courts approach the question: when can the name of a creative work or its characters be shielded against trademark registration?
The Core Issue
The novel Zhui Xu was first published in 2011, and its television adaptation premiered in 2021, quickly gaining popularity. Meanwhile, a trading company filed to register “Zhui Xu” as a trademark in Class 29 (meat, fish, preserved vegetables, etc.).
The copyright holder challenged the registration, arguing that the mark unlawfully exploited the fame of the creative work under Article 32 of China’s Trademark Law, which prohibits damaging existing prior rights.
Judicial Findings
Both the Beijing Intellectual Property Court and the Beijing High Court rejected the claim. Their reasoning:
Insufficient Secondary Meaning: Although the novel and TV drama had growing popularity, the evidence did not show that “Zhui Xu” had, by the trademark’s filing date, gained a level of recognition extending beyond the literary and entertainment fields into the food sector.
Common Word, Not Invented Term: “Zhui Xu” is a pre-existing Chinese term (meaning a man who marries into his wife’s family), making it less distinctive.
Lack of Likelihood of Confusion: Consumers would not reasonably associate the term’s use on food products with the producers of the novel or drama.
Why It Matters
This case illustrates the limits of protecting cultural works under trademark law. While Chinese law recognizes that well-known works and character names can amount to “prior rights” deserving protection, courts require strong evidence that such names have acquired commercial value beyond their cultural context.
For international rights holders and cultural industries, the lesson is clear:
Evidence is everything: to protect a work’s title or character as a prior right, there must be proof of its reputation extending into the relevant product or service markets.
Common words face higher hurdles: unlike invented terms, culturally generic or descriptive words are less likely to enjoy extended legal protection.
Strategic filings help: proactive registration of key titles or characters as trademarks remains the most effective safeguard.
Conclusion
The Zhui Xu decision underlines China’s cautious approach: balancing the need to prevent bad-faith trademark filings with the public’s legitimate freedom to use common cultural terms. For businesses and creators alike, it is a reminder that trademark protection of cultural symbols requires not only popularity, but also demonstrable commercial distinctiveness.