Original title: Standardizing trademark registration, curb malicious rush, recently, the National Intellectual Property Office announced "several provisions on regulating trademark application registration (Draft for comments)", disclose opinions to the society. The comment on the opinion stipulates the type of behavioral type and legal consequences of non-normal application trademark registration, which proposes specific measures for registration of abnormal application trademark registration.
Summary of the comment, the behavior of the non-normal application trademark registration, in addition to the provisions of the Trademark Law, Trademark Law Implementation Regulations, can be taken according to the law according to the law.
In addition, trademark agencies engaged in abnormal trademark application registration will also be disciplinary according to law.
In recent years, with the optimization of trademark registration procedures, the registration cycle is shortened, the registration cost is reduced, the registered resource is reduced, and the trademark "malicious application" behavior of the famous brand is happening to transfer the registered trademark for profitable rather than actual use. The trademark "hoard registration" behavior appears. These non-normal application trademark registrations have seriously disrupt market economic order and trademark management order, destroying business environment, causing widespread concern from all walks of life. In this regard, the relevant parties including the National Intellectual Property Office attach great importance to the active development of legislative research, to form a long-term mechanism for curbing the registration of abnormal application trademarks by perfecting the legal system. In the large environment of the global integration of the economy, more and more foreign companies pay attention to the development of the Chinese market, and their products are put into the domestic market through domestic agents.
However, these companies are prior to unauthorized use of dealers or other applicants with domestic agents or other applicants, may be registered on products with certain relevance, which may cause relevant public. Confusion misunderstandings and harm the interests of foreign companies. Therefore, the competent department has increased the curb of trademark malicious registration in the review of trademark objection, and safeguard the legitimate rights and interests of trademark registrants. MGM MAYER is one of the United States Hollywood Eight Medical and Industry, is also a copyright owner of "PinkPanther (Pink Leopard) and Figure".
On November 11, 2015, Guo Moumou submitted to the original State Administration for Industry and Commerce (the following ", the Logo Bureau)," Show "," Field, Lower Lower and Figure "trademark registration application, designated in the 35th" advertisement, The retail is demonstrated on the communication media, selling services for others. On February 13, 2017, MGM film company made an objection to the list of trademarks through the initial review, saying that the trademark infringed his own copyright with the "Pink Leopard" series of cartoon images and its "pink leopard" text Well-known product name.
After the trial, the Trademark Office believes that the registration and use of the "Pink Leopard" cartoon art work in violation of the "pink leopard" cartoon art work, violates the relevant provisions of Article 32 of the Trademark Law, decided to be registered by the objection trademark.
In this regard, according to the relevant person in charge of the Trademark Office, the copyright is an important and common in advance, and is automatically generated due to creation. With the development of media propagation mode, some are well known as well-known film and television works or animated artworks and images with the spread of film and television works, and derive higher commercial utilization value.
Applying some of the artwork for others as a trademark identification, not only cause confusion of the relevant consumers to confuse the source of goods or services, but also damages the interests of the first right person.
In another trademark objection involving international well-known care brands, the relevant competent authorities dismissed the registration application for replication or imitation of well-known trademarks, giving well-known trademarks.
P & G is a trademark of the "Olay" trademark, and Qingdao Culture Communication Co., Ltd. submits a "Olaywill" trademark application No. 19303483, specified on the 25th product. In this regard, P & G has made objections.
After the trial, the Trademark Office considered that "OlayWill" completely contains the cited trademark "Olay", and has not formed a new integrity meaning, which has been configured to copy the copy of the certified trademark. Applications such as apparel and certified trademarks depending on the discounted trademark, although the functions of the company have different functions, but they have a strong relevance in terms of consumption objects, and they are opposed to them. The registration of the specified product is easy to mislead the public, causing the applicant’s interests to be damaged.
According to the relevant regulations of the trademark law, the Trademark Office decided not to register the objection trademark.
To contain trademarks, the relevant departments have a large number of trademarks that apply for a large number of trademarks that have the same or approximate trademarks in a company. They are rejected in violation of the principle of honesty and trademark law. US Bath Meijian Brand Management Corporation (listening to bathing US) is the associated company of Victoria’s Secret Shop Brand Management Company, July 6, 2016, Bath Meijian Company to Poetry Co., Ltd. (known as poetry Childers) have discovered objections by the initially approved No. 16896822 "BBMANGOMANDARIN" trademark.
After the trademark office, the Logo Bureau believed that in addition to being objected, the poetry company also applied to register the same or similar trademarks with the bathing and the bathing company and its affiliate brand text, some of which were filed with some trademarks It has been invalidated.
"Mangomandarin" is a non-fixed-matching combination of English, with a certain originality, the opposition person and the opponents are the company’s company, before being applying for registration of the objection trademark, the opposite person has a knowledgeable person "Mangomandarin" trademark It may, in this case, the "MANGOMANDARIN" trademark height of the "Mangomandarin" trademark used first as a trademark is difficult to register.
According to this, the case can be considered that the case has a significant advice of unfair means copying, plagiarism and tramarking others. The unfatient registration behavior not only causes the relevant consumer to confuse the source of commodity, and it is obviously exceeds normal business needs, disrupting normal trademark registration management order, loss of fair competition market order, violating the honesty and credit principles .
Accordingly, the Trademark Office decided that the "BBMANGOMANDARIN" "BBMANGOMANDARIN" No. 16896822 did not register.
At present, all sectors attach great importance to trademark abnormal application behavior, and increase the crackdown of malicious registration.
The public data has been shown that since 2018, the State Intellectual Property Office has rejected an abnormal trademark application to approximately 100,000 applications in reviewing and objection. In the view of the relevant person in charge of the National Intellectual Property Office, with the strict intellectual property protection, further relaxation of market access, a series of open-out major initiatives such as market access, all kinds of vitality and post-strong release of stable development of the domestic market, multinational The environment in China’s investment in the manufacturing, service industry will become better and better, my country’s marketing attraction will be more and more, the international community will also improve the business environment and expand the business environment and expand the open confidence in my country. stronger.
(Our reporter Jiang Xu) (Editor: Gong Yifei, Wang Yu) Sharing let more people see recommendation reading.