Trademark Office: revocation of the original registration of the "Jordan" trademark is difficult toUnited States basketball stars Michael Jordan and prosecution of violations of the right to name Michael Jordan Sports case, Deputy Director of the State administration for industry and Commerce Trademark Office Lv Zhihua said in an interview today, through withdrawal of most of the original registration "Jordan" trademark is difficult, because registration is two text, use text in what is hardly a violation of existing trademark law. On February 23, the United States basketball Michael Jordan Sports Michael Jordan announced to the Chinese court company suspected of violations of the right to name, the case is now a court case in Shanghai, reported today that the name object of action amounts to 50 million Yuan.
in accordance with China's trademark law, registered trademark exclusive rights by "voluntary principles" and "first to file". Any applicant can apply to the Trademark Office, provided that they meet the conditions relevant to the provisions of the trademark law, trademark rights can be achieved.
"Jordan is just applied for 2000 to 2004, while Jordan is a famous athlete, but basketball is still not widespread in China at that time. Jordan sports applications is a Chinese word, Michael Jordan is an English name, Chinese audit with common last names, not with the athletes name associated with "Lv Zhihua," said problems between them is the problem of subsequent use, nothing to do with the registration. Improper use of the rights holder if Michael Jordan as Jordan sports, leading to both a contact and improper use of his personal attraction, global reach may be prosecuted through the courts, such as access rights. "
reported that after registration of the trademark review stages, there are three general areas, a trademark's distinctiveness is reviewed. No significant, cannot be registered. Second, disabling provisions under review. Some text and graphics with the same or similar name, national flag, national emblem, or national racial discrimination, violations of public order and good custom, content, trademark law prohibits registered. Third, review the prior rights of trademarks. Applicant may not register itself the rights of others to, or registered trademarks of others through improper means.
"review of other prior rights, generally by follow-up procedures to remedy the" Lv Zhihua said that in the absence of contrary to disable terms and provisions of the prior rights of trademarks under the preliminary announcement, anyone can put forward different views. For example, noted that trademark violation of his copyright, name or other right. "If you miss three-month objection period, causing the trademark registration notice is published, also with the trademark review and adjudication Board request for revocation of the trademark, which are clearly defined. "
Lv Zhihua noted that both the" Jordan "or" Lin "start preliminary audited when auditing the three essential elements. If the right people think he violated his right to name or other rights through subsequent relief programs, asking the Court to assert your rights.
recently, the burst of Red Star Jeremy Lin, whose name in 2010 was registered as a trademark by Wuxi businessman spends 4460, "Lin" the name is United States Forbes magazine appraisal value of about 100 million Yuan.
for a celebrity name to be registered as a trademark, Lv Zhihua said the active intervention of trademark examination is the national leaders, as well as people involved in the major events. So many people with the same name in China, "Li Ning we do not give, and where an application to register, unless he himself, his own company has also registered trademarks, Yao also prohibited to register his name in other categories. If they don't, the Trademark Office is difficult to consider these names through early review. "
in fact, the" trademark "as a kind of investment, many companies are walking, Lv Zhihua believes that from a legal perspective, which is in the process of development of people have realized the importance of the brand.