China's prestigious Tsinghua University, which was established in 1911, has recently filed several lawsuits against kindergartens that use the two Chinese characters Qinghua (current spelling of Tsinghua in roman alphabet), representing Tsinghua (the old spelling of the same two Chinese characters), in their names, arguing that they have infringed on the university's trademark and even caused unfair competition. Tsinghua University had the two characters registered in the traditional Chinese character style in 1998 and in simplified Chinese characters in 2006.

Public opinion is divided on the university's recent litigation. Some believe Tsinghua University is right to challenge those who want to take advantage of its reputation to make profits, since it's quite easy for parents to get the wrong impression that these kindergartens have some connection to the university. However, some think that the university has gone too far. The two Chinese characters have been around for centuries and appeared in ancient classics over 1,500 years ago. Kindergartens just want to attract more kids, and they are really too small to pose a challenge to Tsinghua University, let alone to go into competition with it.

Zero tolerance for infringement

Xia Fan (Guangzhou Daily): How to read Tsinghua University's move to file lawsuits against the many Qinghua kindergartens? The court will decide whether they have infringed on the university's trademark. Still, this incident has revealed something that exists widely in China's kindergartens and educational and training agencies. Many of them try to attach themselves to prestigious universities in a deceptive way. When questioned about these tactics, the schools neither explain nor deny the accusations. Sometimes, they even deliberately confuse the public in order to enroll more students and make more money.

Actually, this problem doesn't only exist in kindergartens and training agencies, but also in places such as renowned hospitals. By using the name, these organizations are not only misleading consumers and disrupting the market order, but are also risking infringement on trademarks.

How can the public deal with this trend then? They must do more research to avoid being swindled. Meanwhile, prestigious universities and similar institutions should also take action to collect evidence and protect their own rights and interests. It must be stressed that such steps to safeguard rights are by no means petty grievances or making a fuss over nothing. They are supposed to be "mean" to deceptive situations. They must provide a lesson to those who take advantage of the reputation of prestigious institutions to make profits by bringing them to court, which will also act as a deterrent to similar acts.

Of course, to root out these fraudulent practices can't depend on legal means alone. Today, it is already a wave sweeping the country and no one believes that they will be punished because so many others are doing it. It's necessary for relevant authorities to detail rules and strengthen supervision so as to stem such practices at the stage of agencies' registration.

Qu Jianhui (news.southcn.com): This is not the first time that Tsinghua University has asked for compensation from those who have used its name. In 2018, the university won 500,000 yuan ($72,780) in damages from a water heater company that used the Qinghua characters in its trademark. Not only are there legal merits but also actual cases that support Tsinghua University's legal action this time.

Then why do so many businesses and organizations take the risk of using Qinghua in their trademarks? It is only to take advantage of loopholes in the legal system. The approval procedure for trademark registration is not stringent enough in most cases. Besides, the punishment for infringement on trademarks is currently too light to deter businesses.

We don't like to see trademarks being abused. It's important to raise the cost of violating laws and strengthen supervision to curb unfair competition. Meanwhile, organizations and businesses should also increase their awareness of safeguarding their own trademarks, just as Tsinghua University did.

Common cultural wealth

He Yonghai (Qilu Evening News): Why did Tsinghua University file lawsuits against so many Qinghua kindergartens? In 1998, Tsinghua University registered its trademark, Qinghua, in traditional Chinese characters to be used in school education and training, among other things. Thus, Tsinghua University is confident that its registered trademark and the name of the university that was registered long ago are well-known at home and abroad. In this case, while using Qinghua in their names, these kindergartens are mixing them up with Tsinghua University, disrupting the market and even suspected of unfair competition.

However, it is just too aggressive to accuse others using Qinghua in an organization's name. The two characters Qinghua as a Chinese word have long appeared in ancient classics, which belong to the common wealth of all Chinese people. In other words, Tsinghua University does not enjoy the copyright to the two characters, and thus no exclusive rights to them.

Actually, the characters representing Tsinghua are now widely used and Tsinghua University is not the only representative of these two Chinese characters. We have Qinghua Town and Qinghua Avenue in east China's Jiangxi Province. Many people have Qinghua in their name. A kindergarten in Jiangxi is named Qinghua because the founder's name is Xu Qinghua. Does Tsinghua University mean to force these people to forgo their names? Perhaps Tsinghua University realizes that the use of Qinghua in names or place names is not for commercial purposes, but kindergartens may be a different case. However, Tsinghua University is a higher education institution, while kindergartens named Qinghua are pre-school education institutions. It's impossible for the two sides to be thrown into competition. There is no reason for Tsinghua University to worry about the damaging of its trademark.

Tsinghua University is also concerned that these kindergartens will mislead the public into thinking that they are somehow connected to the university. The point is that they do not call themselves "Tsinghua University Kindergarten" or "Kindergarten Affiliated to Tsinghua University." Moreover, they have not connected themselves to the university in enrollment advertisements. How can Tsinghua University accuse them of conducting unfair competition with it? Parents with common sense will know these kindergartens, usually in second- or third-tier cities, can't be related to the prestigious university in any sense.

Tsinghua University should be more tolerant of these kindergartens. By using the two characters Qinghua in their names, these kindergartens probably just want young kids to get to know the renowned university and even encourage them to aim to get admitted to Tsinghua University. In this sense, even if Tsinghua University wins the cases, it will do no good to its image but will only highlight its narrow-mindedness.

A reflection of fanaticism

Zhang Limei (www.cdghqd.com.cn): Tsinghua University's recent litigation is an embarrassing phenomenon. Incomplete statistics show that there are at least 195 Qinghua kindergartens and numerous primary and middle schools that use Qinghua in their names. By using these names, kindergartens hope to make themselves look superior. Actually, this phenomenon also highlights the public's blind attachment to prestigious universities and similar things.

Even if these kindergartens do not claim that they are somewhat related to these prestigious universities, objectively, parents will get some mental cue that there is some connection, such as educational resources from these universities, which is actually very misleading. These kinds of tactics actually cater to parents' pursuit of excellent educational resources in a state of anxiety. Parents will feel proud to send their children to a Qinghua, and maybe a Harvard or Oxford kindergarten. They even believe that these kindergartens will ensure their children stand out at the starting line.

In this sense, apart from more stringent rules and laws, it's also important to help parents realize the real face of these so-called Qinhua kindergartens, and wake them up from the illusion that their children are enjoying resources from these prestigious universities.

Copyedited by Rebeca Toledo

Comments to dingying@bjreview.com