China-Singapore Jingwei Client, April 9th (Zhang Yanzheng) "Sanxingdui Hot Pot", "Sanxingdui Civilization Envoy Wine", "Sanxingdui Furniture"...Last month, Sanxingdui archaeology discovered a new "fire" out of the circle, and many businesses found business opportunities. They have applied for the registration of trademarks related to Sanxingdui.
Data map
Over 200 trademarks of Sanxingdui were registered
According to the media quoted by the China Trademark Network, as of March 24, there were a total of 313 applications for registration of Sanxingdui related trademarks. Except for 87 applications for registration by the Sanxingdui Museum in Guanghan, Sichuan, the other applicants were all individuals and companies unrelated to the Sanxingdui Museum. .
The Sino-Singapore Jingwei client searched through Tianyan and found that the "Sanxingdui" trademark application covered almost 45 major categories of the international trademark classification.
Among them, on March 26, Nanjing Kangyun Wire and Cable Co., Ltd. applied for the category of scientific instruments; on the same day, Qingdao Yuemao Film Co., Ltd. applied for the brand name "Sanxingdui Hotpot."
On March 25, Quanzhou Luge Textile Technology Co., Ltd. applied for clothing, shoes and hats; Guizhou Bailiantong Electronic Commerce Co., Ltd. applied for the "Sanxingdui Civilization Messenger" wine trademark.
It is worth mentioning that Henan Huaichuantang Industrial Co., Ltd. applied for the registration of 7 trademarks in one go on March 25, covering office supplies, furniture, catering and accommodation, transportation and other categories.
The Shudao Liquor Business Department of Xindu District applied for registration of 16 trademarks on March 22 and 23, covering multiple categories such as jewelry and watches, education and entertainment, financial property management, and musical instruments.
The Sino-Singapore Jingwei client noticed that these companies that “squatted” the Sanxingdui trademark had almost nothing to do with the Sanxingdui cultural relics.
According to the National Enterprise Credit Information Publicity System, Henan Huaichuantang Industrial Co., Ltd. is a newly established pharmaceutical company in 2020 with a registered capital of 3 million yuan, but it has no actual paid-up capital.
Tianyan Check showed that in
addition to applying for the registration of "Sanxingdui", the company also applied for "Majiayao", "Yueshan", "Zhaibuchang" and other cultural place names.
The Shudao Liquor Business Department of Xindu District is an individual business owner selling retail products in Chengdu, but the head of the household is particularly brand-conscious. Up to now, a total of 62 trademarks have been registered, including "Shuxing", "Zhongyuan", etc. 22 trademarks have been successfully registered, 26 trademarks such as "Sanxingdui", "Shu Daochun" and "Xijiangyue" are subject to substantive verification. Only the two trademarks "Tonghua" and "Laojing" are under review for refusal.
In addition, a textile company applied for the registration of the "Sanxingdui" trademark 30 years ago.
According to the Tianyan inspection, on July 8, 1991, Hongnan Cotton Textile Co., Ltd. of Guanghan City, Sichuan Province applied for the registration of the "Sanxingdui" trademark, which was classified as "Class 24-Fabric Bed Sheets" by the international classification.
On June 20, 1992, the company showed that it had registered the "Sanxingdui" trademark.
However, the trademark announcement information disclosed that the term of the exclusive right to use the "Sanxingdui" trademark is from June 20, 2012 to June 19, 2022.
Sanxingdui Museum: File an objection application
In response to the centralized "squatting" of the "Sanxingdui" trademark, Ren Ren, director of the Industrial Development Department of the Sanxingdui Museum Scenic Area Management Committee, Guanghan, Sichuan Province, said in an interview with the media recently, "We have begun to carry out trademark protection such as opposition applications, invalidation declarations, and cancellation applications. We are now also learning about collecting information in the situation that has emerged in the last few days and (preparing) to file an objection application during the publicity stage."
Zhang Yuhao, a lawyer from Beijing Weiheng Law Firm, told the Sino-Singapore Jingwei client that recently the Sanxingdui related trademarks have been intensively applied for registration. For the Sanxingdui Museum, there are mainly two problems: one is for a large number of cybersquatting, but there are still many problems. How to deal with similar trademarks at the application stage; second, how to deal with similar trademarks that have been approved.
Zhang Yuhao pointed out that with regard to the phenomenon of “squatting registration”, based on previous case experience, cybersquatters mostly send the transfer of squatting trademarks to obtain benefits after squatting. According to my country’s “Trademark Law”, “malicious registration not for the purpose of use” Applications for trademark registration shall be rejected".
Therefore, in the publicity period of the trademark application, Sanxingdui Museum is an effective means to avoid malicious registration of similar trademarks by filing objections.
In addition, for trademarks that have already obtained trademark rights, it is necessary to assess whether the trademark meets the invalid trademark situation in the "Trademark Law".
"If relevant enterprises use Sanxingdui-related trademarks in good faith and engage in production and sales activities after registration, they can still continue to use the relevant trademarks within the scope of their application if there is no other violation of the "Trademark Law", but their use The scope should not exceed the scope of use when submitting the application." Zhang Yuhao said.
There are also these cultural relics that have been rubbed IP...
In fact, it is not uncommon for related cultural relics to be registered as trademarks.
According to Tianyan Check, there are currently more than 660 trademarks related to "terracotta warriors and horses".
In addition to the Mausoleum Museum of the First Emperor of Qin, there are also some companies and individuals applying for registration.
Among them, since October 1990, Shaanxi Sanyuan Terracotta Warriors and Horses Industry Co., Ltd. has successively applied for a number of trademarks of "terracotta warriors and horses", involving the classification of food, clothing, shoes and hats, and food.
At present, the company owns a number of "terracotta warriors" trademarks, most of which are displayed as "trademarks registered".
However, the "terracotta warriors" trademarks registered by most companies in the early years have been invalidated.
For example, in November 1990, the Shaanxi Provincial Institute of Food and Fermentation applied for the trademark "Terracotta Warriors and Horses", which is internationally classified as a convenience food, and the trademark is currently invalid.
In 2001, Xi'an Tiancun New Materials Co., Ltd. applied for registration of the metal material category, and the trademark is now invalid.
The Terracotta Warriors and Horses of the First Emperor of Qin
The national treasure-class Eastern Han Dynasty bronze "Horse Ta Feiyan" has also been "fired" by virtue of its unique shape, and many merchants have also registered new trademarks.
Tianyan check shows that there are currently more than 120 related trademarks of "Ma Ting Feiyan".
The company applying for registration has nothing to do with the Gansu Provincial Museum. For example, Shanghai Handicrafts Import and Export Co., Ltd. once applied for the registration of the "马打飞燕" graphic trademark. The international classification of the trademark is furniture, office supplies, carpet mats, etc., but the current trademark status All are in an invalid state.
Beijing Qinghe Three Wool Textile Group Co., Ltd. has successively applied for multiple trademarks of "Ma Step Feiyan", involving fabrics, sheets, clothing, shoes and hats. At present, most of the trademarks are "waiting for substantive examination", and only one trademark has been successfully registered.
It is not only the cultural relic IP that has been registered trademarks.
For example, in November last year, Litang Dingzhen became popular with a 10-second smile video.
In just one month, there were 122 trademark applications involving "Ding Zhen". Except for the registration of 18 trademarks of "Ding Zhen Pearl" by Litang County Cultural Tourism and Sports Investment Development Co., Ltd. where Ding Zhen joined the company, all other applicants For individuals and companies that have nothing to do with Ding Zhen.
This year's Spring Festival, the "Tang Palace Night Banquet" dance was popular all over the Internet.
On February 18th alone, 45 trademark registration applications related to "Tang Palace Night Banquet" were submitted in different fields.
Meng Bo, a lawyer from Beijing Jingshi Law Firm, said in an interview with the Sino-Singapore Jingwei client that most of the applicants who maliciously applied for trademark registration adopted methods such as rubbing hot spots and close to celebrities to register trademarks, not for their own use.
According to the "Trademark Law": if a registered trademark has become the generic name of the goods approved for use or has not been used for three consecutive years without a valid reason, any unit or individual may apply to the Trademark Office for the cancellation of the registered trademark.
In Meng Bo's view, to control malicious registration and trademark hoarding, on the one hand, relevant right holders need to raise awareness of brand protection, such as adopting defensive protection strategies; when necessary, handing over brand protection and operation work to professional institutions for handling.
On the other hand, it is necessary for the regulatory authorities to increase supervision and crackdowns to increase the cost of illegal activities.
It is worth mentioning that the relevant regulatory authorities have begun to take measures.
On March 24, the State Intellectual Property Office issued a notice that, starting from March 2021, a special campaign to combat malicious cybersquatting of trademarks will be launched to severely crack down on serious violations of the principle of good faith, violation of public order and good customs, disrupting the order of trademark registration management, and easily causing serious problems. Malicious pre-registration of trademarks with adverse social impact creates a good environment for fair competition, innovation and conscious resistance to malicious pre-registration of various market entities.
Among them, ten types of behaviors such as malicious preemptive registration of administrative division names, mountains and rivers, scenic spots, and building names will be paid special attention.
(Zhongxin Jingwei APP)
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