Seven incense sticks spread all over the streets,

The trademark was robbed!

How should we deal with the rush registration of trademarks?

01

Case details

Jay Chou opened the prosperous era of Chinese music in the millennium. His music accompanied countless people through their ignorant youth. Therefore, when Jay Chou issued the adapted version of "seven fragrance" after nearly 20 years, it still aroused the memories of youth of fans.

Since 1995, a total of 204 trademark application records of "Qilixiang" have been designated to be used in 44 categories, such as convenience food, beer, beverage and furniture.

"Seven incense" was released in August 2004. According to the album release cycle, there were 8 trademark applications for "Qilixiang" before 2004. Many trademarks have been invalid because they have not been renewed after the expiration of their validity. At present, only 2 trademarks are in the valid state. In 2005, there were more than 20 trademark applications, which was the year with the largest number of applications. Since then, companies or natural persons have applied for this trademark every year. At present, most of the status is "invalid and awaiting substantive examination".

02

Case review

Jay Chou's famous albums or works were registered

Among the more than 200 trademarks related to "Qilixiang", some people may not have rubbed the subjective purpose of "Qilixiang", but absolutely some applicants intend to apply for registration first because they see that Jay Chou's affiliated company jawell music Co., Ltd. has no relevant application records.

Not only that, many of Jay Chou's famous albums or works have been registered by others (many related trademarks have been successfully registered)! Looking at dozens of registered trademarks, fans can't help worrying that some unscrupulous businesses use Jay Chou's fame to cheat consumers.

In fact, Jay Chou is not completely unaware of trademark protection, because his affiliated companies have applied for the registration of 101 trademarks, but have not applied for any trademark related to his work name!

03

Case enlightenment

In recent years, the situation of trademark registration has occurred from time to time. Then, when the trademark is registered, how should we deal with it?

1. For a company whose trademark has been registered but whose trademark application has not been registered, it can raise an objection.

2. If the registered trademark has been approved and registered for more than three months, a request for invalidation of the registered trademark may be made in accordance with the provisions of the trademark law.

It should be noted that the trademark law has a five-year time limit on the application for invalidation, that is, if a trademark has been registered for more than five years, it cannot apply for invalidation on the grounds of being registered (well-known trademarks are not subject to this time limit).

Of course, whether or not a trademark dispute is triggered in the end, we should understand the importance of "the market is not moving, the trademark first". Registered trademarks must be timely, so as to effectively reduce the risk of trademark registration and falling into disputes.

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