🔸 On 29 November 2017, an individual name Seng Lei (“the Applicant”) filed a trademark (TM No. 27792495) with the China National Intellectual Property Administration (“CNIPA”) in Class 30 for various food products using the Chinese characters 食(eat)族(clan)人(people). The application was later refused by the CNIPA on the ground that it falls under absolute ground refusal and invalidity as the sign is detrimental to socialist morality and having adverse effect. CNIPA was of the opinion that the trademark 食(eat)族(clan)人(people) can be associated with the word 食人族 which means cannibalism which contains adverse effect. On appeal, the Beijing IP Court held that the Applicant’s trademark carries no adverse effect as 食(eat)族(clan)人(people) could be easily distinguished from 食人族 (cannibalism) and the Applicant had been using and promoting the trademark since 2018 without any negative comments and complains from third parties.