Since the outbreak of the outbreak on April 11th, the client of Chinanews.com (Peng Jingru), there have been frequent trademark registration applications that have hit the epidemic. Almost all keywords related to the outbreak have been used.
Recently, following the "Zhong Nanshan" and "Li Wenliang", the "Li Lanjuan" trademark has also been squashed. According to the data from Tianyan, the trademark "Li Lanjuan" was registered on February 12th by Yingkou Dongbi Enterprise Planning Co., Ltd., and the registered classification was 10-medical device and 05-pharmaceutical.
Data map: Li Lanjuan, academician of the Chinese Academy of Engineering and member of the high-level expert group of the National Health and Health Commission. China News Agency reporter An Yuanshe
"Fire God Mountain Grilled Fish" and "Raytheon Mountain Traditional Chinese Medicine Museum", these trademarks are awaiting acceptance
The author found on the Chinese Trademark Online website of the State Intellectual Property Office Trademark Office that a total of 7 search results were displayed for trademarks with "Li Lanjuan" as the keyword; a total of 19 trademark applications have been retrieved since February 7 with "Zhong Nanshan" as the keyword . The products covered by these applications include fertilizers, herbal teas, liquor, beer, and daily necessities. Among them, "Zhongnanshan herbal tea" and "Zhongnanshan Zhuanggong wine" have also been applied for.
On the China Trademark Network, part of the results of a trademark search using "Zhongnanshan" as the keyword are displayed.
In addition, keywords such as "Vulcan Mountain", "Thunder Mountain", "Patient Zero", "Red West", "Li Wenliang", and "Square Cabin" did not escape the fate of trademark squatting.
On February 10, Hanzhong Yongli Environmental Protection Technology Co., Ltd. in Shaanxi, through a trademark agency, filed applications for the registration of two trademarks of "Fire God Mountain" and "Raytheon Mountain" in Class 11 in preparation for the use of its newly developed energy-saving furnace Products; on February 7th and 13th, Changsha Fuchatang E-commerce Co., Ltd. and Dongguan Tres Intelligent Technology Co., Ltd. applied for the registered trademark "Li Wenliang"; February 17th, Beijing Oriental Yaocai Technology Co., Ltd. applied for registration Trademark "Patient Zero" ...
Who are the applicants for these trademarks? The author found that in addition to applying for trademarks such as "Fire God Mountain Grilled Fish" and "Thunder God Mountain Traditional Chinese Medicine Museum" in person, more companies are applicants. So, here comes the problem ...
Why is someone keen to register trademarks?
"Malicious cybersquatting trademarks have formed a gray industrial chain and have a long history." Lawyer Xiong Chao, the director of the trademark legal affairs department of Beijing Jingshi Law Firm, once said that the usual routines for malicious cybersquatting of trademarks are: enterprises initiate applications and pass knowledge The property rights agency company submits materials, squatting for hot words or graphics, and then resells them at a high price in the transaction.
Another situation is that after the preemptive registration is successful, the squatters take the initiative to contact the right holder to request a paid transfer, or wait for the right holder to come to the door to talk with him, otherwise a “rights claim” will be made.
"The cost of these businesses registering trademarks is not high. If it is an individual who applies for registration, basically it is an application fee, and there is no other cost." Lawyer Zhang Xiaoju of Beijing Zhongwen Law Firm told reporters that the application fee is normally 300 yuan, and then a category of trademarks to find a professional agent, a category is 1500 yuan.
Data map: Zhong Nanshan, academician of the Chinese Academy of Engineering and leader of the high-level expert group of the National Health and Health Commission. China News Agency reporter Chen Jimin
Malicious squatting is accused of being "ugly to eat," what do squatters react to?
For those who maliciously register trademarks, the hottest events are often the best time to register trademarks. But at the same time, "Vulcan Mountain", "Thunder Mountain", "Zhongnan Mountain" and other vocabulary closely related to the new crown pneumonia epidemic are also the focus of public opinion in the whole society. It's ugly to eat. "
In the face of public opinion pressure, the reactions of these malicious companies registering trademarks varied.
The person in charge of the above-mentioned squatting "Li Lanjuan" trademark said on April 9 that he was "brain-hot" to apply for the trademark, and then applied for revocation one hour after submitting the application. The person in charge also said that he was prepared to cancel the company.
On February 27, the legal representative of Changsha Fuchatang E-Commerce Co., Ltd. issued an apology on the 27th, claiming that due to his weak legal awareness, the application for registration of the "Li Wenliang" and "Wenliang" trademarks has caused adverse effects on society and is now deeply understood. In case of wrongdoing, apply for withdrawal of trademark.
At present, the status of multiple trademark processes such as "Fire God Mountain", "Thunder God Mountain" and "Square Cabin" show that the trademark registration application has been withdrawn. Many of these companies did not attract public attention and did not publicly apologize.
One of the "Vulcan Mountain" trademark application process shows "withdrawn" status.
Is there any cure for malicious trademark registration?
Since February, malicious registration of trademarks has repeatedly occurred. Apart from public opinion, what are the rules that can restrict such behavior?
Zhang Xiaoju said that according to Article 52 of the Trademark Law, if it has not been registered, but the name of “Zhong Nanshan” is used as a trademark without authorization, the local industry and commerce administration has the right to stop it, make corrections within a time limit, and may report it, which is illegal. Those with a business volume of more than 50,000 yuan may be fined less than 20% of the illegal business volume, and those with no illegal business volume or less than 50,000 yuan may be fined less than 10,000 yuan.
On February 7, the Examination Department of the Trademark Office of the State Intellectual Property Office issued the "Guidelines for the Examination of Related Trademark Examinations for Epidemic Prevention and Control", which clarified the names of persons related to the epidemic, the relevant signs containing the name of the virus or disease of the epidemic, the drug signs related to the epidemic, Guidance on the review of trademarks related to protective products and other signs related to epidemic situations shall be strictly and lawfully cracked down on the application of abnormal trademark registration related to the epidemic situation.
Zhang Xiaoju said, "After this phenomenon of malicious squatting, there is a punishment system for professional agency companies, and some have been punished by 100,000 yuan."
"Zhong Nanshan and Li Lanjuan are the leading figures in the fight against SARS and the new coronary pneumonia epidemic in China, and everyone's personal contribution to the society is well known." Zhang Xiaoju said, "From the perspective of the public, registering his name as a trademark not only infringes on his The right to name, and also violates the provisions of Article 10 (8) of the Trademark Law that are harmful to socialist moral fashion or have other adverse effects. "(End)