iPad trademark ownership dispute so that the public concern for the U.S. Apple Shenzhen Proview disputes. iPad trademark dispute unfinished emerge “LinShuHao” trademark was registered of. Only a simple trademark of the words, but still allow businesses severely beaten. In this regard, the Chief Counsel of the intellectual property lawyer Xu Xinming analysis said in an interview with this reporter, well-known trademark allows businesses to save the input to develop new markets, access to the huge economic benefits, but having a good trademark, not to be public acceptance and acceptance of products, is not.
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Phenomenon
The “LinShuHao trademark has long been registered
It is understood that a man named Yu Minjie business two years ago seen LinShuHao play experience to judge their bright future, may become Yao Ming after the second Chinese NBA star. As a result, Yu Minjie 4460 Jeremy Lin “trademark registered in class 25 and 28. Among them, 25 categories, mainly clothing, footwear, headgear, etc., section 28, refers to sports balls, games, toys, etc..
Registered celebrity trade marks, or trademarks near celebrities are common. For example, Zhao this shirt dress, “Wei Wang family” toilet, “Wang duckling” Down the eSys Diet “shoes,” reminders Yong Yuan “pig feed,” Chan “cigarettes, etc. . It was a joke, as long as you want, and will be able to use a full range of celebrity supplies.
Registered celebrity trade marks, intellectual property lawyer Chief Counsel Xuxin Ming said, which involves the right balance principle. Everyone has a right of personal name, and a lot of people is the same name. From the objective point of view, celebrity name, registered trademarks, and the public will immediately think of the celebrity. However, because the name used by the star, others can not be registered as a trademark, nor fair. From the legal point of view, there is a dividing line, similar to Jeremy Lin so, he has not become a celebrity if the registered trademark, and few people know him, it can be registered, and protected by law. Jeremy Lin has become a celebrity after people registered outside of class 25 and class 28 Jeremy Lin “trademark, it may be a violation of his name right. Now go to the register, must first face the problem of the Trademark Office will not approve, of course, if the registered person also happens to call Jeremy Lin, there may be approved. Otherwise, there might be for the revocation. Someone registered trademarks of “Yi” in a few years ago, has been revoked, because this is the help of the celebrity names of potential goodwill, to quickly open up the market, thus saving a lot of advertising spending and marketing costs.
Analyze
Trademark for three years without possibility of withdrawing
Registered trademarks success is not able to always have the trademark?
Beijing Hongfan well live in the law firm original SENTAI lawyer said China’s “Trademark Law” provides for three to rule out a system that can be registered mark, respectively, for the public order and good morals, protection of trade marks a significant and non-functional exclusion does not exclude the names of natural persons as registered. Practice the use of a great man, movie stars, sports celebrities celebrity name registered, mainly based on the provisions of section 10 of the Trademark Law, open terms from the breach of public order and morals, detrimental to socialist morals or customs, or other adverse Flags Affected “point of view to be eliminated.
Xu Xinming lawyer, celebrity trademark, there are many registered trademarks for the revocation. Even if some celebrity trademark is registered before their fame, but after squatting for long periods of use can also be for the revocation. Like the iPad trademark, according to Chinese laws, for three consecutive years do not use other people can apply for revocation. However, Xu Xinming analysis is that, in practice, to prove that for three consecutive years do not use hard. For example, Shenzhen Proview, the company label products for the iPad trademark, even though the product is a failure, no one knows. From the legal point of view, the mark does not use the scope and geographical requirements, so just use the can.
IPad trademark disputes, Proview had revealed that the original reason why the transfer of Taiwan Proview have iPad trademarks, one reason is the threat by the other party. Other claims not to transfer, it is necessary to go to court, called for the repeal of Proview iPad trademark. Proview operating difficulties, no money and a lawsuit.
Revelation
You also know that, “Viagra”?
U.S. Apple Shenzhen, China Proview competition for the iPad trademark, trademark and the United States Pfizer and Guangzhou Welman competition “Viagra” is very similar, the latter had hit a three-year lawsuit. Pfizer in 2005 to prosecute to the 2008 competition for “Viagra” failed. However, Pfizer turned to the use of “Viagra”, is the industry’s hegemony.
Apple compete for the iPad trademark of failure, can another trademark? Xu Xinming lawyer, for trademarks, but too costly. Apple iPad trademark has been selling products, if the competition for the trademark to fail, according to Chinese laws, the first will be ordered to stop the infringement, followed by the confiscated infringing products, but also be punished by a fine of less than three times the amount of illegal business. Therefore, the best way to Apple in the second trial period, the and Proview reached a settlement agreement.
Good brand will have to see who is going to use such a mark like Viagra, in the hands of a company, can be very well-known, another company, they slowly fade, and even we can not remember like the iPad trademark, that is, been in Apple’s hands, well-known. “Xu Xinming counsel argues that the well-known trademark, allows businesses to use their influence to a very small market advertising investment will soon open the market. However, if the lack of innovation is no perfect product, but with the mentality of the speculative, the influence of the well-known trademark is difficult to continue to market the key to winning, but also because the products can be public acceptance and recognition, so light trade mark is far far enough.