As of the 2nd, the box office of "Nezha: The Devil Child" exceeded 4.7 billion, surpassing "The Wandering Earth" and became the second largest movie in the domestic box office.
produced by Guangguang Media applied for registration of nearly 2000 trademarks in less than a month. The content of the trademark is basically related to the movie "Nezha".
The industry is concerned that the action of Guangguang Media may be suspected of violating the "Trademark Law" . At the same time, "Nezha", as a well-known traditional mythical figure by the public, is also controversial whether it can be registered as a trademark. Are
eligible to register "Nezha" related trademarks?
Most people even the producer Fang Guangguang Media did not expect that this movie can win such a high box office.
On the fifteenth day of the film’s release, the Beijing Guangguang Film Co., Ltd., a subsidiary of Guangguang Media, began to frantically register "Nezha" related trademarks.
Since August 9th, Guangguang Media submitted 1818 trademark registration applications in one go.
Except for some parts that do not display the brand name, almost all of the names are related to the "Nezha" movie.
such as "Nezha the magic boy", "Nezha the magic boy comes to the world", "Mrs. Yin", "Ao Bing" and so on.
Can Guangguang Media register so many trademarks related to "Nezha"?
Wei Pengju, dean of the Institute of Cultural Economy, Central University of Finance and Economics, believes that this involves the agreement on intellectual property rights related to this film. If
agrees to belong to a film company, of course it can be registered like this. Outside the agreement, that's another matter.
Is it illegal to register so many trademarks?
Guangguang Media has registered so many "Nezha" related trademarks. Is it compliant? Is the registration of thousands of trademarks at once suspected of violating the "Trademark Law" and hoarding a large number of trademarks?
Qiu Baochang, the chief lawyer of Beijing Huijia Law Firm, believes that the basis for determining whether it is malicious squatting based on quantity is not sufficient.
Some people are not sellers or producers of goods, but they are trying to squat trademark registration and speculation. This must be suspected of malicious squatting.
However, Guangguang Media is the producer of the movie and the copyright owner of the movie. Therefore,
has registered numerous trademarks in various categories in order for to better protect intellectual property rights. has a strong sense of intellectual property rights.
However, it is not a cybersquatting. It is only based on the quantity to determine maliciousness, which may be insufficient. According to Lawyer Ni Ye from Shanghai Yiping Law Firm, there are generally three reasons behind the large number of trademark registrations:
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18z
is really necessary to use, and such cases are rare.
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vicious registration. For example, for the purpose of gaining profit from the transfer of trademarks instead of real use, this is the scope of the new trademark law. Protective registration of
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prevents trademarks from being preemptively registered by others.
Link to Article 4 of the Trademark Law:
Article 4, paragraph 1, of the "Trademark Law" stipulates: "Natural persons, legal persons or other organizations that need to obtain exclusive trademark rights for their goods or services during production and business activities shall apply for trademark registration with the Trademark Office "According to the regulations, natural persons, legal persons or other organizations should apply for trademark registration for the needs of production and business activities.
Can mythical figures be trademarked?
People's doubts are still concentrated on another aspect: for traditional mythical figures like Nezha, can the name become a registered trademark?
Qiu Baochang said: copyright is the protection of the author’s life and 50 years after his death , the copyright or portrait right of the original "Nezha" has not been protected by law. protection. The character of Nezha itself or the copyright of this work is gone.
"Journey to the West" and "Romance of the Three Kingdoms" have copyright, but the copyright is not our legal protection period. It has entered the public domain, and everyone can publish and distribute it, and can make some adaptations.
Of course, the adaptation of the "Dream of Red Mansions" movie or the "Dream of Red Mansions" TV series is copyrighted.
is like "Nezha", which is a mythical story. Through screenwriting, film and TV production and reprocessing, it is a new work, so it enjoys copyright.
In order to protect their own rights and interests
Alibaba applied for Ali mom
Ali family's trademark
Wuliangye applied for one grain liquid to ten grain liquid!
What is your opinion on this matter?
