In 2019, once the "ajing Teng Bai" trademark was released, it quickly triggered heated discussion.
At first glance, the trademark is sound, and there is no prior similar trademark after inquiry. But if we observe carefully, we will find that "ajing Teng Bai" is exactly the first word of four famous enterprises in China, Ali, Jingdong, Tencent and Baidu.
On May 11, 2018, an enterprise in Meizhou filed an application for the registration of the "ajingtengbai" trademark, which was still in 45 full categories.
According to the inquiry, the first batch of the first batch of "agingtengbai" trademarks was announced on November 20, 2018, and the second batch was announced on November 27, 2018.
(source: China Trademark website)
The announcement time of trademark preliminary trial is 3 months. In this way, on February 20, 2019, the announcement period of the first batch of "ajing tengbai" trademarks will expire, and on February 27, the announcement period of the second batch will also expire.
It is conceivable that if the trademark "ajingtengbai" is successfully registered and used in the market, it will seriously affect the brand image of Ali, Jingdong, Tencent and Baidu.
Four giants join hands
45 "a Jing Teng Bai" were challenged
Article 33 of the trademark law stipulates that within three months from the date of the announcement of the preliminary examination and approval of a trademark, the prior obligee or interested party considers that it violates the provisions of paragraphs 2 and 3 of Article 13, Article 15, paragraph 1 of Article 16, Article 30, Article 31 and article 32 of this law, or any person considers that it violates Articles 10, 11 and 32 of this law If it is stipulated in Article 12, an objection may be filed with the trademark office. If there is no objection at the expiration of the period of the announcement, the registration shall be approved, a trademark registration certificate shall be issued, and a public announcement shall be made.
After monitoring the "ajing tengbai" trademark, Tencent Technology (Shenzhen) Co., Ltd., Beijing Jingdong three hundred and sixty degree e-commerce Co., Ltd., baidu online network technology (Beijing) Co., Ltd. and Alibaba Group Holdings Co., Ltd. moved quickly and jointly raised objections to 45 "ajing tengbai" trademarks on February 18, 2019.
On August 26, 2020, after 18 months, the result of the trademark objection of "a Jing Teng Bai" finally came out!
According to the State Intellectual Property Office:
The objected trademark is composed of the initials of the objector's abbreviation (trademark). According to the investigation, the objected applied for the registration of "agingtengbai" trademark in 45 categories of goods and services at the same time, and did not submit evidence to prove that it had reasonable intention to use it.
The objected has the intention to make improper use of the opponent's market reputation, and his application for registration of the objected trademark is harmful to the market order of fair competition and easy to produce adverse social impact.
To sum up, 45 "ajing Teng Bai" trademarks are not registered!
In the face of malicious "brand name"
How to deal with it
A trademark is a commercial sign attached to goods / services and enters the public domain. Besides carrying the goodwill of an enterprise, it also consciously or unconsciously carries a certain function of value dissemination and cultural dissemination. Moreover, the objected trademark has the intention of making marketing gimmicks, and the behavior of attracting public attention is easy to have adverse effects on public order, business culture and social morality.
In the face of malicious "brand-name" behavior, enterprises should establish a clear brand awareness, pay attention to trademark protection, and take legal measures to protect their rights.
In recent years, there have been many new ways in the market, such as "Jingtao Yama", "taopinjing" and "Ali Evergrande" by tailoring and assembling other well-known trademarks.
With the increasingly prominent commercial value of intellectual property, enterprises should further improve the awareness of intellectual property protection, integrate the protection of intellectual property into daily operation, and finally realize the maximization of intellectual property value.
附决定书：
第30850852号“阿京腾百”商标不予注册决定书
第30846909号“阿京腾百”商标不予注册决定书
第30841883号“阿京腾百”商标不予注册决定书
第30860940号“阿京腾百”商标不予注册决定书
第30860611号“阿京腾百”商标不予注册决定书
第30846312号“阿京腾百”商标不予注册决定书
[warm tips] source: Internet. The copyright belongs to the original author. If there is something wrong, please contact to inform us of modification or deletion. Thank you.
One on one service for appointment experts
