The Dispute on Trademark Registration of “Plants vs. Zombies”

In July, 2011, Electronic Arts (EA), an American developer, marketer, publisher and distributor of video games who is the copyright owner of the popular video game “Plants vs. Zombies,” applied to the Trademark Office of the State Administration for Industry & Commerce of the People’s Republic of China (the Trademark Office) to register a series of trademarks containing the words “Plants vs. Zombies,”. These trademarks are to be applied in association with wares such as clothes, shoes, bags, computer game software, toys, journals as well as services like online games and other entertainments. However, both the Trademark Office and the Trademark Review and Adjudication Board rejected the application on the basis that the word “Zombies” implies superstitious images and exerts negative influences. Unsatisfied with these rulings, EA brought an administrative lawsuit in front of the Beijing First Intermediate People’s Court.

 Recently, the Court reversed part of the previous rulings, holding that the applied-for trademarks could be used in association with all applied-for wares and services except for the video-game-related products such as game machines, video game software as well as services related to online games and other entertainment. The rationale was that the applied-for trademarks, when used with gaming products and services, might cause negative effects.