2022 Typical Case of Trademark Objection and Evaluation, No. 58141161 "Zhang Zihan" Trademark Disagreement Proposal

typical meaning:

This is the flexible use of Article 32 of the Trademark LawA typical case of "not to damage the existing prior rights of others", the name of the new media account "Zhang Zihan"The prior interest protection provided for in this article is granted.

1.ControversyTrademark

1.Dissident: Tangxia Songmoto Funeral Clothing Studio, Tianhe District, Guangzhou City.

2.DissentedMan: Xuehua high.
3. Registration No:58141161.
4Date of application: 2021Year08Month02Day.
5.Announcement of preliminary examinationDate:2021Year11Month06Day.

6. Signs:(Section58141161Trademark No.)
7. Approved commodities for use (art.25class): clothing;Baby's Full Clothes;Dance Clothing;Shoes (wear on feet);Hat;Socks;Gloves (Clothing);Scarf;Belt;Wedding dress.

2.facts and reasons

Main reasons of the dissenter:The application for registration of the opposed trademark infringes the rights and interests of its prior well-known tremolo account.The registration of the opposed trademark violates the provisions of Article 32 of the Trademark Law.The provision "shall not prejudice the existing prior rights of others.andprovided about"Zhang Zihan" tremolo number, screenshots of Taobao store fans, screenshots of "Zhang Zihan" praised tremolo video, "Zhang Zihan" tremolo number homepage, earliest published video page and other evidence materials.

Dissented Person:Failure to make a reply within the prescribed time limit.

• Decisionand decision

The Trademark Office of the State Intellectual Property Office (hereinafter referred to as the Trademark Office) believes that,Evidence provided by the dissidentMaterials can prove that:"Zhang Zihan" is the account name of the dissident's tremolo platform. It focuses on the promotion and sales of clothing. It has fans through the release of clothing wearing videos and has a certain popularity. The challenged trademark has the same name as the objector's tremolo account, and is registered and used on "clothing" and other commodities, which infringes the prior rights of the objector based on the name of its "Zhang Zihan" tremolo account, and violates the provisions of Article 32 of the Trademark Law.Therefore, for the claim of the objector that the disputed trademark damages the prior rights and interests enjoyed by the name of his or her tremolo account,TrademarkDesktoSupport, Opposition TrademarkNo.to be registered.

4Case analysis

With the development of the network, the new media has also developed to a new height..Everyone has more or less touched,Through their own account, brush video, video access to traffic, access to certain economic benefits, so the account has a certain economic value.and againstThe protection of the account user name exists whether it can be protected through intellectual property rights. Although the law does not specify it, this case clarifiesGive the new media account nameIntellectual PropertyProtection.

First of all, from the interpretation of prior rights in Article 32 of the Trademark Law:

First, it needs to be an existing right and legally subsists;

Second, it must be obtained before the date of application for the disputed trademark and become the first;

Third, it includes the right of font size, copyright, design patent right, name right, portrait right, geographical indication and other legitimate prior rights and interests that should be protected.

Among them, other legitimate prior rights and interests that should be protected may be the name, packaging and decoration of goods or services that have certain influence, as well as the rights and interests of the name of the work, the rights and interests of the name of the role in the work, and so on.

CanSee,Trademark Act No.32The prior rights referred to in the article have a certain degree of generality and openness.

In this case,The disputed trademark is exactly the same as the name of the opponent's tremolo platform account.,In addition, they are all used in clothing products, combined with the popularity of the account name,The dissented person has the intention of improperly squatting..This case is quite representative, the State Intellectual Property Office Trademark Office made the first58141161No.“Zhang Zihan”Decision not to register a trademark,Flexible legal protection of new media account names can effectively regulate malicious cybersquatting in the context of the Internet age, thereby regulating the order of the new media industry, protecting innovations in the Internet field, and helping the development of the Internet economy.,At the same time, it has certain reference significance for the follow-up similar events.