The Registration Of Names And Trademarks From The "Jordan" Trademark Lawsuit

Popularly speaking, the main function of a trademark is to tell consumers who produced the goods.

Therefore, trademarks of different manufacturers should be differentiated, otherwise they will not be able to identify.

For example, "Coca-Cola" and "Pepsi Cola" clearly separate the two beverage manufacturers.

The obvious differences between Coca-Cola and Pepsi Cola's two trademarks (their respective distinctions) play a different role.

Then we concluded that not all words are significant, they can make a difference.

For example, "good thirst" can not make a difference, so it can not be used as a trademark.

Another example is that "Yuan Longping" has no difference in rice, but it will make consumers mistaken for the quality of this rice.

Therefore, trademark laws in various countries have strict restrictions on which words can not be registered.

For example, the tenth provision of China's trademark law stipulates that similar words such as "Tiananmen", "Deng Xiaoping" and "America" must not be registered trademarks; the eleventh rule is that "good" and "perfect" products can not be registered trademarks.

The thirty-first provision is that infringing upon others' patent rights, copyrights, certain influential names, and other prior trademarks can not be registered.

It can be seen that our trademark law prohibits the registration of others' names as trademarks. There are two provisions, namely, tenth and thirty-first.

The purpose of the tenth prohibition is that "Deng Xiaoping" and other names are politically colored, so the use of products will have adverse effects, so they are prohibited.

Applying for "Deng Xiaoping" as a trademark, the Trademark Office will voluntarily reject it.

In the past, the Trademark Office also rejected Nicholas Tse and Andy Lau's registration as trademarks.

But according to the 2010 issue of "

In addition to the absolute protection of the names of political figures, the names of other people should be treated differently.

Names with certain social influence are prohibited from registering as trademarks, such as Lu Xun.

Names that are not widely known to consumers will not mislead consumers without any adverse effects.

Even if there is a certain social influence name, if the trademark registrant and he (she) duplicate the name, it can not be prohibited from registering unless it is malicious.

In reality, there are people who try to find proper reasons for changing their names to celebrities in order to take other people's right of name.

The name of the trademark registrant is not significant. The name can not be the only one corresponding to a celebrity, nor can it be prohibited from registering.

Such as "publicity" and "Li Ping", there are many names like this. There are many people in the country who register first, who belongs to the trademark, the publicity of social influence or Li Ping can not claim rights.

For example, Viagra is the name of a drug produced by the Hongkong media to Pfizer, and it is difficult to match the English name. It is impossible for others to rush into Pfizer and have no choice but to be changed to "Viagra".

When a trademark registrant applies for a registered trademark, his name is not known. After that, he is not known for his rights.

What is more, the person with the right of name can not prove that the registrant should know or knowingly not get protection.

If the US General Company tries to prevent a Chengdu company from registering the "general" trademark on the pport service, we reply to the Chengdu company that: before the registration date, the United States was not known by the Chinese people, and the reason for the defense was supported.

There is also a time frame problem.

The name of the celebrity is uniquely corresponding to the natural person, and there is evidence that the trademark registrant knows or should know that the right to name should be protected.

However, there is a statutory deadline for protection. We must apply for an objection within thirtieth months of the trademark law in accordance with the trademark law thirtieth months, or apply for disputes within forty-first years from the date of registration of the trademark within forty-first years from the date of registration of the trademark.

If the right is not claimed during the 3 month objection period or the 5 year dispute period, the opportunity to claim the right will be lost forever.

The exercise of rights must set a time limit, otherwise, it is not conducive to social and economic development.

If another person owes you money, the court will not prosecute after two years.

Michael Jordan is a celebrity, and there are several factors to consider when protecting it.

First of all, is there any proof that the trademark "Jordan" and American basketball star Michael Jordan are the same person?

Secondly, "Jordan".

Once again, there is evidence that the trademark registrants should know or know Michael Jordan in 1997. These Michael Jordan are hard to prove.

More importantly, the "Jordan" trademark has been registered for 15 years, and has already gone through 5 years of controversy. Now it claims rights and simply can not get support.

According to the spirit of the Supreme People's court's opinions on Article 1 of several issues concerning the trial of trademark authorization, Jordan trademark has been used for many years, has a high market reputation, and a stable consumer group has been recognized as a well-known trademark in 2009. Therefore, it is impossible for Jordan's trademark to be revoked.

Jordan's trademark can not be rescinded through dispute application. Its trademark right is stable. The use of "Jordan" trademark is a lawful act. It does not infringe Michael Jordan's right to name.