Sun Yangye'S Poetry And Trademark Are Being Snatch. Is An Enterprise A Blessing Or A Curse?

In the early morning of August 1st, Ye Shiwen, a 16 year old girl from Hangzhou, again pressed on the 200 meter individual medley competition to break the Olympic record and win her second Olympic gold medals. Another Hangzhou player Sun Yang led his teammates to win the bronze medal in the relay of the 4 * 200 meter freestyle relay.

After the blockbuster, ye Shiwen and Sun Yang were famous. At this time, the most delighted may be a flower gardening company in Sichuan and a health industry service company in Henan. Both companies applied to the State Trademark Office last year to apply for the registered trademarks of Ye Shiwen and Sun Yang, all of which are swimsuits, sportswear and so on. Among them, "Ye Shiwen" trademark has passed the first trial in July 20th and entered the three month notice period. If there is no objection during the period, "Ye Shiwen" will become a registered trademark of Chengdu home art company after three months.

Ye Shiwen swim suit made in Chengdu?

The company that applied for the registration of "Ye Shiwen" trademark is called Chengdu flower expo gardening Co., Ltd., submitted to the State Trademark Office on 16 August last year. The application category is swimsuit, swimming cap, swimming trunks, baby full clothes and bathing beach clothes.

"We are surprised to see ye Shiwen win the gold medal. We feel that this home art company is too smart." Li, who helps register the trademark "Ye Shiwen" trademark of Chengdu Rongxin Intellectual Property Agency Co., said that last year when they accepted the application request of the home art company, they began to submit information to the State Trademark Office. "The application process is not complicated, so long as there is no conflict with the existing trademark."

Statistics show that Chengdu flower expo gardening Co., Ltd. was registered in 2006. It mainly provides indoor foliage plants, flower rental services, landscaping and so on. There are no bathing suits and so on. Yesterday, the reporter called Chengdu Hua Bo Horticulture Co., Ltd. telephone, a statement that the intent of the interview was hung up, and then it has been busy tone.

Miss Li said that at that time, ye Shiwen was still a strange name in the eyes of ordinary people, so he did not understand why they wanted to register. But because the Bloomberg company was their client, the other side did not say, nor was it convenient for them to ask. Now though the first trial has passed, it is not clear whether the company really intends to make "Ye Shiwen" bathing suit.

From the winning results of Ye Shiwen, she won the gold medal of the women's 200 meter medley final in the Fourteenth World Swimming Championships last July 25th. This is the first time that the little girl has participated in the world championships. Maybe at that time ye Shiwen entered the company's vision. In August 16th of the same year, they began to apply for the registration of Ye Shiwen. China Trademark online shows that only one of the famous trademarks applied by the company is Ye Shiwen.

The name of Sun Yang, the Hangzhou guy who is also the focus of the London Olympics, appeared on the China Trademark online and was applied by Henan Hongsheng Health Industry Service Co., Ltd. clothing The date of application was August 30th last year and has not yet passed the first instance.

It is very likely that the snatch will be a basket case.

Knowing that "Ye Shiwen" and "Sun Yang" are being grabbed by trademarks of foreign enterprises, Wang Miaoyong, director of the Zhejiang Provincial Sports Bureau's law and Industry Department, is very angry. He thinks that "this is a malicious registration act, which violates the right of name and can not be used for registration."

Hu Yingjing, director of the Hangzhou Intellectual Property Agency Limited, who has been engaged in trademark registration, said that Ye Shiwen and Sun Yang are now very influential public figures. Even if the trademarks of Ye Shiwen and Sun Yang are registered, the possibility of these two trademarks being revoked is very high as long as they raise objections.

"The public's understanding of the trademark law is incorrect. It is thought that as long as it is registered, its interests will be protected, but in fact, the protection of trademark registrations is limited by the trademark law. In terms of sorting, the interests of the registered owners are only third. The top two are the social order (i.e. the public interest) and the interests of consumers. If the registered trademark is harmful to the public interest and the interests of consumers, it will be abolished." Hu Yingjing said.

A typical example is the "Jacky Cheung" trademark case. Jacky Cheung, the founder of Hong Xuan garment in Chaoyang District of Guangdong Province, applied for the trademark of "Jacky Cheung". Hongkong artiste Jacky Cheung objected. The trademark Commission of the State Administration for Industry and commerce finally decided that Hongkong's Jacky Cheung's legitimate rights and interests were disregarded and the disputed trademarks were revoked.

Hu Yingjing said that many people thought that the successful registration of celebrities was equivalent to the acquisition of a golden egg that could be transferred at a high price, but in fact, the operability was very limited.

At present, both the individual and the enterprise can register a trademark and the registered trademark of the enterprise does not have a business scope. Therefore, the flower gardening company and the health industry service company can register the trademark of swimsuit and sportswear, said the staff of the Hangzhou business and Commerce Bureau.

If you apply for a trademark, you only need to fill in the necessary materials and submit it to the national trademark office to pay the examination fee of around 1000 yuan. Even if the agency fee is added to the trademark registration agency, the cost will not exceed 1500 yuan.