Is It Possible To Restrict The Registration Of "Celebrities"?

The Supreme People's Court promulgated the provisions of the Supreme People's Court on Several Issues concerning the administrative cases concerning the authorization and confirmation of trademark rights on the 11 th. As an omni-directional, systematic leak finding supplement, this judicial interpretation combs and answers the important issues involved in the administrative cases of trademark authorization and the difficulties in trial practice. The most notable of these is that the names of public figures in political, economic and cultural fields can not be registered as trademarks.

This means that in the past, the names of "Jordan" and "Harry Potter" will be strictly restricted. As the expert evaluation said, "this judicial interpretation embodies the judicial orientation of protecting honest management and containing malicious rush registration." respect Prior rights belong to the extension of the principle of good faith in the field of trademark protection. The regulation restricts the opportunism of trademark registration with "celebrities" in the form of system, trying to promote its return to rational orbit.

Trademark registration, as a way of protecting intellectual property, has been regarded as a tool to infringe upon the legitimate rights and interests of others by some bad businesses. Obviously, trademark "Celebrities" do not conform to the law of market operation. It is reasonable to comply with the principle of law and comply with the public opinion. It can be predicted that after the formal implementation, this regulation will effectively curb the vicious rush behavior and improve judicial efficiency and save judicial resources.

However, with regard to the original work of trademark registration, it seems that judicial I am afraid that explanation is only a good start. On the one hand, trademark disputes often have to be tried from the first instance to the second instance, as the legal person has said: "from prosecution, trial to judgment, the cost of time, energy and litigation costs will be very high." Based on this, celebrities' awareness of rights protection may be affected; on the other hand, the provisions are mainly applicable to the court trial, and their restrictions on the registration of trademarks are limited. All these factors indicate that the system of publicity and administration of law popularization needs to be further strengthened.

"If you want to know straight, you must be a yardstick; if you want to know the square, you must behave yourself". Judiciary is gradually "sensitive" to trademark rights protection, and it is also encouraging innovation by actions. From the era of trademark barbarism to the era of trademark refinement rule, the barbaric growing space is becoming more and more narrow. Returning to the basic principles of business and returning to intellectual property rights and independent brand establishment not only embodies the sense of justice and reliability of judicial protection, but also is the inevitable trend of the maturity of business civilization.

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The Supreme People's court has issued regulations on Several Issues concerning administrative cases concerning trademark authorization and confirmation. Aiming at the problem of malicious rush registration trademark, the regulations improve the law applicable standard of trademark authorization.

The administrative cases of trademark authorization and affirming rights refer to the administrative proceedings brought by the parties to the people's court against the administrative actions taken by the Trademark Review and Adjudication Board of the State Administration for Industry and commerce, trademark revocation review, trademark no registration review, trademark revocation review, trademark invalidation declaration and invalidation review.

In recent years, the number of trademark authorization cases has increased rapidly, especially in recent two years. Taking the first intermediate people's Court of Beijing as an example, from 2002 to 2009, the hospital has concluded 2624 cases of trademark authorization and affirming administrative first instance, while in 2013, the first instance trademark administrative cases handled by the hospital reached 2161, and 2014 increased to 7951.

There are 31 articles in the "Regulations", which mainly involve the substantive contents of the scope of examination, the judgement of distinguishing features, the protection of well-known trademarks, the copyright and the right of name, and the contents of the prior rights protection, as well as the procedures of violating the legal procedures and the no longer principle.

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