For foreign trade practitioners, getting involved in the field of Olympic sports goods is a challenging and opportunity-filled decision. This field carries the passion and dream of sports and is one of the hottest industries in international trade. Let’s take a look at whether the following products from the Paris Olympics can be exported for foreign trade?
For example, the Olympic five-ring flag can see an astonishing number of trademark applications
Using Olympic symbols without permission is an illegal act prohibited by law and is also the core of punishment by domestic law enforcement agencies. Article 4.10.1 of the Olympic Charter and Article 4 of China’s Olympic Symbol Protection Regulations both require that applications for Olympic symbols and logos for commercial purposes require prior permission from the International Olympic Committee and other Olympic symbol right holders. These Olympic symbols mainly include: Olympic five-ring pattern logo, logo, torch shape, mascot, sports icon, trophy, Olympic Organizing Committee poster, commemorative coins, official stamps, etc. Companies that violate this regulation are likely to have their infringing products confiscated, destroyed, and heavily fined.
The name of the Olympic Games, the Olympic five-ring logo, the Olympic Games broadcast, etc. are all Olympic copyrights and require the authorization of the International Olympic Committee for use.
Compliance red line: In practice, the so-called “commercial purpose application” refers to the application of Olympic patents or intangible assets for the purpose of profit, mainly including: products, commodity packaging or utensils and their product transaction documents, advertising, commercial exhibitions, commercial performances and other commercial activities, sales, imports, exports of products containing Olympic logos, etc. Enterprises that carry out the above-mentioned activities need to obtain the permission of the Olympic logo right holder in advance.
Olympic T-shirts
The International Olympic Committee and the Olympic Organizing Committee can take any measures to curb infringement liability, including but not limited to recommending the infringer to stop infringement, sending warnings, media exposure, and taking legal channels.
The Olympic symbol rights holder has exclusive rights to the Olympic symbol. Without the permission of the Olympic symbol rights holder, no one may use the Olympic symbol or use a false similar symbol for commercial purposes, which specifically refers to:
(1) using the Olympic symbol on products, commodity packaging or utensils and their product transaction documents;
(2) using the Olympic symbol in service items;
(3) using the Olympic symbol in commercial activities such as advertising promotion, commercial exhibitions, commercial performances, etc.;
(4) selling, importing or exporting products containing the Olympic symbol;
(5) manufacturing or selling the Olympic symbol;
(6) other acts of using the Olympic symbol for profit;
(7) holding activities using elements related to the Olympics, which is sufficient to mislead people into believing that they have a sponsorship or other applicable relationship with the Olympic symbol rights holder, constituting unfair competition.
Foreign trade practitioners involved in the field of Olympic sports goods face both challenges and opportunities. However, if you want to export Olympic products, you must strictly abide by the relevant copyright laws and trademark protection regulations. This article reveals the legal red lines of Olympic trademark protection and gives precautions to avoid infringement, helping foreign trade practitioners avoid legal risks and seize the opportunities of exporting Olympic sports goods.