Guide: mentioned Fan Bingbing, I believe most people have a "golden lock" impression of her. Although she was only a supporting role in the TV series "Han Zhu Ge Ge", she gave everyone a wonderful performance and laid a solid foundation for her future acting career, and later through her own Work hard to reach the position of a first-line female star.
However, with the occurrence of the "yin and yang contract" incident, Fan Bingbing brought a fatal blow, and his acting career also came to an abrupt end. What is even more tragic is that at his most difficult time, her boyfriend broke up with her again. From the outside world, Fan Bingbing may be completely depressed and never have a chance to return to the top.
When the external rumors continued, Fan Bingbing chose to go against the wind under pressure, and tried to comeback many times, but with little success, and every comeback failure was accompanied by various negative comments. On the one hand,
tried to make a comeback. On the other hand, Fan Bingbing began to lay out his own business territory, invested in beauty salons, and created his own beauty brand, ensuring that he had a stable economic income.
Recently, in the judgment document published by the Court Trial Information Network, Fan Bingbing’s road to business layout was not smooth, was rejected when she used the pinyin of her name to apply for a registered trademark, and she filed a lawsuit against the State Intellectual Property Office. The court.
This judgment was issued on September 1, and the judgment date was May 14 this year. The judgment showed that the plaintiff was Fan Bingbing's company-Wuxi Meitao Jiayi Film and Television Culture Studio, and the defendant was the State Intellectual Property Office. , The cause of the case was an administrative dispute over trademark application refusal review.
It is reported that Fan Bingbing once wanted to use the pinyin capitalization of his name "FAN BING BING" and "fan bing bing" to register and apply for a trademark. Among them, the No. 29039357 "Fan Bingbing" trademark registered in category 21 was granted by the State Intellectual Property Office. On the grounds that the trademark constitutes the circumstances specified in Article 31 of the Trademark Law, the registration application for its designated use on the remaining re-examined goods shall be rejected.
Fan Bingbing refused to accept this decision, so he sued the State Intellectual Property Office. According to the ruling,
showed that Fan Bingbing won the case, and revoked the decision of the State Intellectual Property Office to reject Fan Bingbing’s application for trademark registration. The victory of
also marks that Fan Bingbing has successfully obtained the registered trademark, which means that Fan Bingbing can expand his commercial territory with great fanfare. In the future, the trademark will be mainly used for the facial masks that Fan Bingbing announced in April last year that he participated in the R&D and production.
From the search platform of the Trademark Office, has registered more than 500 trademarks under the Wuxi Meitao Jiayi Film and Television Culture Studio where Fan Bingbing is an investor. Most of are names similar to those of Fan Bingbing and his brother Fan Chengcheng. And the areas covered include beauty, communications, medical care, tobacco, and even arms, etc. It can be said that the studio has registered trademarks related to the brothers and sisters.
can be seen from the number of trademark registrations , for the protection of trademarks, Fan Bingbing can be said to be extremely important, here must give her a compliment, trademark layout must be early and more comprehensive.
Of course, there may be people who have questions, can the name be registered as a trademark? The answer is of course yes, and Hongbang will explain it in detail below.
01, the name of an ordinary person
Article 8 of the "Trademark Law" stipulates that any sign that can distinguish the goods of natural persons, legal persons or other organizations from the trademarks of other persons, including text, graphics, Letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements, can be registered as trademarks. As a kind of text, the name of ordinary people can naturally be registered as a trademark, but it also needs to be specifically examined whether it violates the relevant prohibition clauses of the Trademark Law.
must also be aware that because the name has a certain degree of repetition and similarity, before registration, it is necessary to check whether there is a previously registered trademark, and it must not conflict with the legal rights obtained by others. In addition, if your name is the same as a registered trademark, you may not necessarily be able to claim related rights with the right to name. It is also necessary to prove that your name has a certain degree of popularity before others apply for a registered trademark, and consumers will see the trademark. Establish a stable relationship between the trademark owner and the name owner.
02, the name of the public figure
The public figure himself or with his authorization, registered a trademark under the name of the public figure, provided that it does not violate the above laws and regulations, it can be registered as a trademark. , for example, the well-known "Li Ning" trademark, Gree Electric's "Dong Mingzhu", and the Internet celebrity "Li Ziqi" are all examples of public figures registered as trademarks.
If a public figure’s name is registered as a trademark by a non-name right holder, the public will easily associate the product with the public figure, which will cause a “free rider” phenomenon that disrupts the normal market order, which belongs to Article 10 of the Trademark Law The stipulated in paragraph (8) "is harmful to socialist morals or has other adverse effects" will be rejected at the time of trademark registration. Whether
can be registered as a trademark under the name of a public figure also needs specific consideration in light of the actual situation. For example, the name of academician "Zhong Nanshan" is not only highly recognizable at a specific time node and social environment, but also should be included in the "political , Economy, culture, ethnicity, religion and other fields" belong to the scope of prohibition of registration. Therefore, the State Intellectual Property Office previously made a decision to reject the first batch of 63 malicious trademark registration applications such as "Zhong Nanshan" that entered the substantive examination stage.
In short, the name can be registered as a trademark, but specific issues need to be analyzed in detail. Misusing some well-known names is also extremely dangerous. Everyone must abide by the rules when registering trademarks. To learn more about trademark registration rules and issues, please consult Hongbang Intellectual Property.
