Have you seen Canglan Jue?
"Canglan Jue" starring Wang Hedi and Yu Shuxin is popular, and Wang Hedi plays a domineering male leader "Oriental Qingcang" with numerous fans. The popularity of the Oriental Qingcang people has not gone down, and the popularity of the "Oriental Clearance" brand has come up!
According to the online information, an information consulting service company in Chongqing has applied for the registration of the "Oriental Clearing" trademark. The international classification involves 35 categories of advertising sales. The current trademark status is "under registration". Netizens joked: Western sales, discounts in the north and promotions in the south can also be arranged.
In a "Canglan Jue", the character Dongfang Qingcang became angry, and the homophonic stem "Dongfang Qingcang" trademark was hastily registered. Is the intellectual property layout of the play perfect?
At the end of "Canglan Jue", the trademark protection continued
Canglan Jue has been a hot pursuit since it was first broadcast, and it has ranked first in the iQiyi hot broadcast list. According to relevant media reports, after the launch of iQiyi International Edition, Canglan Jue has attracted the attention of foreign media broadcast platforms. At present, the copyright of Canglan Jue has been purchased by relevant foreign media.
Under the high popularity of film and television drama, the topic of the title of Canglan Jue being snapped up has also attracted attention. It is reported that the company affiliated to "Canglan Jue" has carried out trademark registration application, but in the early stage of search and evaluation, it is found that "Canglan Jue" trademark has been preemptively registered by other companies in 2018 on category 41 services related to the production of its film and television works and category 9 goods related to the core of its game works.
In this regard, the company affiliated to Canglan Jue submitted a request for invalidation to the State Intellectual Property Office for the above two trademarks. After hearing the case, the State Intellectual Property Office made a ruling declaring the above two trademarks invalid. In 2020, the company submitted an application for the registration of the "Canglan Jue" trademark in Category 9 and 41. After the trademark rejection review and administrative litigation, it was finally registered.
With the continuous improvement of the public's awareness of trademark and brand protection, after some popular movies and TV plays are broadcast, people also pay attention to the names of movies and TV plays, and even whether the names of favorite actors and other trademarks are preemptively registered.
The star gravity of the producer of Canglan Jue has paid close attention to trademark protection nearly two years before the online broadcast of Canglan Jue, and has also achieved phased results. For a good play, the pace of trademark protection of the producer cannot stop. In the trademark layout, an application may be filed for invalidation of the relevant trademark that has been approved for registration by others; For the newly submitted trademark registration request, the trademark opposition application can be submitted in a timely manner; Attention should also be paid to relevant trademarks applied for registration by others in non core categories of film and television titles; For countries and regions with "going to sea" target markets, the distribution of intellectual property rights such as trademarks should be carried out in advance.
Can the names of characters in film and television works be registered as trademarks?
With the popularity of movies and TV plays, the value of trademarks has also risen. Many people want to know whether the names of characters in film and television works can apply for trademark registration?
In the same year, when the "Legend of Mi Yue" was a big fire, the Zhengzhou boy registered the trademark "Mi Yue" and was offered 600000 yuan to buy it. He spent about 3000 yuan at most, but benefited 200 times. And how many times will Dongfang Qingcang, the character in Canglan Jue, benefit from being registered as "Oriental Clearing House"?
The Trademark Law stipulates that a trademark applied for registration shall not infringe upon the prior rights of others. Does this mean that people other than film and television works obligees cannot register the characters in film and television works as trademarks?
Not at all.
In the press conference of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Concerning the Authorization and Determination of Trademark Rights: While emphasizing the protection of the copyright of the role image, on the other hand, attention should be paid to the problem of preventing infringement on the reasonable use of public cultural resources by the public, which must be paid attention to.
This relates to a right originated in the United States - the right to commercialization.
The right of commercialization, also known as the right of publicity, refers to the right to put well-known images and works into commercial use. The role commercialization right refers to that, in order to meet the needs of specific customers, make customers purchase such goods or require such services based on their affinity with the role, and process or make secondary use of the role's substantive personality characteristics in different goods or services through the fictitious role of the creator or natural person and one or more legitimate third parties.
Up to now, China's Trademark Law, General Principles of Civil Law, etc. have no clear provisions on "commercialization right".
However, it can be seen from the cases of "Bond 007" and "Kung Fu Panda" that the "commercialization right" in film and television works has gradually been recognized as one of the "prior rights" in judicial practice.
The role's "commercialization right" needs to be gradually standardized and unified in the exploration of "reasonableness, evidence and integrity". It can be seen from the previous cases that the following factors may be considered when determining the commercialization right of film characters:
1、 The possibility of trademark confusion.
A trademark is a mark used to distinguish goods or services. One of the functions of a trademark is to prevent consumers from confusing and mistaking the source of goods or services. That is to say, the protection scope of "commercialization right" is not as wide as that of all types of goods and services. It needs to be judged according to the relevance of the goods or services designated to be used by the trademark and the characters in the film and television works, which leads to confusion and misunderstanding of the relevant public, which constitutes an infringement of the earlier "commercialization right".
2、 The popularity and influence of film and television works.
The higher the popularity and influence, the wider the protection scope of the commercialization right, and vice versa. Therefore, only the film characters with high popularity and influence can become the protection objects of commercialized rights and interests, and only in this way can they form attraction and market competitiveness for the relevant public, and have the value of being commercially used.
To sum up, the names of the characters in the film and television works cannot be registered as trademarks, which depends on the popularity of the film and television works and the commodity category of the trademark.
Note: The pictures and texts come from the network. If you have valuable suggestions, please feel free to contact us to revise and update!