, which released a new album, Jay Chou has become too popular recently, and it is said that people are popular and have many troubles. Jay Chou’s new song "Beauty Like Frost" has also been targeted by many people and has begun to register trademarks. According to the query results of the China Trademark Network, on July 12, Zhu submitted an application for registration of the "Hongyan Rushuang" trademark, designated for use in the category 3 daily chemical products. Not only that, according to Tianyan Check, two individual industrial and commercial households with the name "Hongyan Rushuang" have been registered and established, with the dates of establishment on July 15 and July 19 respectively.
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It is understood that although the song "Beauty Like Frost" was officially released on July 15, the song title was released as early as early July with the song list of the new album "'s greatest work ". This Chinese-style title song is becoming popular in an unspeakable way. Before July 12, even if you haven't heard this song, it is not unpredictable to quickly "record" the trademark. Can
be successfully registered?
For many Jaylen fans, this kind of behavior of hitting stars is difficult to tolerate, and the market also sneered at this malicious behavior of riding on popularity. National Trademark Office gradually realized the injustice of this kind of registration behavior. Many registrations of Internet celebrities and hot words violated the principle of honesty and trustworthiness of . They wanted to achieve the purpose of seeking personal gain and free ride by riding on the popularity. They even had no actual intention to use it, but wanted to make illegal profits by hoarding trademarks and selling trademarks, with obvious subjective malice.
Therefore, the probability of snatching trademarks such as is very high . During the Olympic Games last year, the National Intellectual Property Office urgently issued an "Notice on the Rejection of 109 Trademark Registration Applications, including "Yang Qian", "Chen Meng", " Quanhongchan " in accordance with the Law", condemning the registration behavior, and quickly rejected the above trademarks in accordance with the provisions of Article 10, Paragraph 1, Item (8) of the " Trademark Law ".
Zhejiang Yongkang City Market Supervision and Administration Bureau also warned a company in Zhejiang for malicious application for registration of the "Chen Meng" trademark, and imposed a fine of 3,000 yuan. It also interviewed the agency for the trademark registration, requiring it to conduct self-inspection and rectification. Like YYDS, internal volume , lying Ping and other top ten hot online words in 2021 have all applied for registration, and most of them are still pending review; the number of applications for the Metaverse trademark has reached tens of thousands, and the number of passes is very small. "Quan Hongchan" was once registered with a trademark by multiple parties, and the applicant was deemed to be malicious and was subject to administrative penalties. It can be seen that it is not that simple to successfully register the "Hongyan Rushuang" trademark.
The State Intellectual Property Office specifically pointed out that it firmly opposes and severely cracks down on malicious trademark registration behaviors such as "taking advantage of hot spots" and hoarding for the purpose of use. When applying for trademark registration, relevant market entities shall comply with the relevant provisions of the Trademark Law, abide by the principle of honesty and trustworthiness, and shall not damage the public interests of society or disrupt the trademark registration order.What are the legal risks of
?
1
Last year, the "Special Action Plan to Combat Malicious Registration Act" issued by the State Intellectual Property Office emphasized that the following seven types of malicious registration cases that intend to inappropriate interests, disrupt trademark registration management order, and cause major adverse social impacts: malicious registration of national or regional strategies, major activities, major policies, major projects, and major scientific and technological projects names; malicious registration of major natural disasters , major accident disasters, major public public 4. The vocabulary and logos related to public emergencies such as public health incidents and social security incidents, which harm the public interests of society; maliciously register the names and logos of major events and major exhibitions with high popularity; maliciously register the names of administrative division names, mountain and river names, scenic spot names, building names and other public commercial resources; maliciously register the names of general names, industry terms and other public commercial resources of goods or services; maliciously register the names of public figures, well-known works or characters with high popularity; maliciously register the trademarks or other commercial logos with high popularity or strong significance, which harm the prior rights and interests of others.
2
At the same time, according to Article 32 of the Trademark Law of my country, applying for trademark registration in shall not damage the existing prior rights of others , nor shall it be used improperly to register trademarks that others have used and have a certain impact. If trademark registration does not violate relevant legal provisions, it does not violate the trademark registration principle , which can be considered a normal commercial behavior. Regarding malicious registration of trademarks, my country's Trademark Law stipulates a "three-in-one" system, that is, if a registered trademark is not used for three consecutive years without a legitimate reason, any unit or individual may apply to the Trademark Office to revoke the registered trademark.
3
The act of registering trademarks not only damages the fair competition market environment, but also violates public order and good customs and socialist morality, and violates Article 10, Paragraph 1, Article (8) of the Trademark Law "harm that is harmful to socialist morality or has other adverse effects" shall not be used as trademarks. From the perspective of fair competition in the market, Article 6 of the " Anti-Unfair Competition Law " shows that operators shall not commit the following confusing behaviors, which may lead to mistakenly believe that it is another person's goods or have specific connections with others: unauthorized use of the company name (including abbreviation, font size, etc.), social organization name (including abbreviation, etc.), name (including pseudonym, stage name, translated name, etc.).
It can be said that from any angle, the law has made comprehensive regulations. Malicious registration will not only fail to pass, but may also face administrative penalties if the circumstances are bad. If unscrupulous registration causes losses to others, not only the company or individual must compensate, but also the registration agency must take the blame. So, stop malicious registration, it is better to do a steadily and innovate well, create your own brand, and let yourself enjoy the benefits brought by the intellectual property layout. Wouldn’t it be beautiful?
