Malicious squatting “Gu Ailing, ice dun dun”?No way!
Are saying | malicious registered “GuAiLing, ice mound mound”?No way!According to the Regulations on the Protection of the Olympic Symbols and Item (8) of Article 10, Paragraph 1 of the Trademark Law of the People’s Republic of China,429 trademark registration applications such as no. 41128524 “Bing Dwen Dun” and No. 62453532 “Gu Ailing” were rejected;According to the provisions of the first paragraph of Article 44 of the Trademark Law, 43 registered trademarks such as No. 41126916 “Xuedundun” and No. 38770198 “Gu Ailing” were declared invalid on their own initiative.In the face of winter Olympic mascot, Olympic champion, why people still want to drill legal loopholes, malicious squatting trademark?Why “do all your calculations”?After the Tokyo Olympics ended last year, the names of Yang Qian, a shooter, and Quan Hongchan, a diver, were registered trademarks in many ways.Last November, companies in Shaanxi and Guangzhou were warned and fined for squatting athletes’ names and trademarks.The names of athletes who won glory for the country were maliciously registered as trademarks, and the patriotic film “Changjin Lake” was not spared, and even anti-epidemic experts and hospitals have become the target of malicious registered.Malicious squatting trademark, not only difficult to succeed, but also will face penalties, claims and other risks, but why do you have to try the law?Guo He, a professor and deputy dean of the School of Intellectual Property at Renmin University of China, told China News Service that there have always been violations of encroaching on others or public interests in commercial activities.Malicious trademark squatting is only a form of illegal occupation in today’s society.High-pressure red line shall not be touched in accordance with the provisions and practice of China’s Trademark Law, these acts will be identified as “malicious squatting”.First, malicious squatting others trademark.The specific manifestation is the act of copying, copying and translating others’ well-known trademarks to apply for registration;Any act of an agent or representative registering a trademark of the principal or representative;Registering trademarks that have been previously used by others and have certain influence;Other acts of registering trademarks of others by improper means.Second, it is the malicious squatting behavior that damages the right of others in advance.The preceding paragraph of Article 31 of the Trademark Law stipulates that the application for registration shall not impair the existing prior rights of others.In fact, it is forbidden to maliciously register other people’s trade names, designs, works, names, portraits, etc. with commercial value as trademarks.Third, squatting is for the purpose of monopolizing public resources.The basic feature is that marks belonging to public resources are registered as trademarks. After trademark registration, it interferes with the proper use of others and causes market disorder, or the use of trademarks is likely to cause confusion of the relevant public on the origin or characteristics of commodities.If it is identified as “malicious squatting”, not only can the trademark not be used, but both the applicant and the agency will face penalties.According to The provisions of Article 68 of the Trademark Law, trademark agencies that maliciously register trademarks shall be ordered by the administrative department for industry and commerce to correct within a prescribed time limit, be given a warning, and be fined not less than 10,000 yuan but not more than 100,000 yuan.The directly responsible person-in-charge and other persons directly responsible shall be given a warning and imposed a fine of not less than 5,000 yuan but not more than 50,000 yuan;If the case constitutes a crime, criminal responsibility shall be investigated according to law.According to the provisions regulating the behavior of the application for registration of article 12, in violation of these provisions, article 3 of the malicious application for trademark registration of the applicant, according to paragraph 4 of article sixty-eight of the trademark law, by the applicant is located or illegal behavior happen DeXianJi above market supervision and regulation department to give warning administrative penalties, fines, etc.If there are illegal gains, a fine of three times the illegal gains and not more than 30,000 yuan may be imposed;If there are no illegal gains, a fine of not more than 10,000 yuan may be imposed.Find law “hole” doesn’t work, according to the state intellectual property office in the “notice” to the malicious registered “ice mound mound, GuAiLing” deal with illegal behavior, is not only for the Beijing games organising committee has to apply for “ice mound mound”, taking the “snow” for trademark protection, also for the other main eligibility to apply for “GuAiLing games athletes names such as” registered trademark protection.This means that Gu herself or a person with legal authorization can register according to the law.According to the investigation, the trademark “Gu Ailing” was first registered in 2019, when Gu Ailing was not well known to the public, including the reviewers. Now, the registration is still invalid after it was confirmed to be illegal.Are express in claims to trademark registration agency of the place in the industry to understand, someone in the “research” to predict the future international events may list the winning athletes, then according to the name of their order in advance, or find the nuptial company and personal names registered trademark, so that even the same after the athletes have traffic is personal real name registered trademarks,So as to achieve “mooching traffic” and avoid penalties.But in fact, name registration has a strict screening process such as duplicate names, which is not so easy to get through.In addition, “name change” or “looking for someone” once these behaviors and seek improper benefits form a causal relationship, there is no way to hide before the law.Facing the rigorous procedure and mature means of handling cases of law enforcement agencies in China, it is meaningless to try to evade legal sanctions by looking for “legal loopholes”.With the rapid development of science and technology, it is very realistic to form the evidence chain and identify the basis of illegal behavior as long as the illegal behavior and the results objectively exist.In front of the law, “playing smart”, “looking for loopholes” and trying to achieve illegal purposes are certainly “playing with fire”.Guo he said, can not be isolated to look at “malicious squatting” this form of an illegal, by increasing the intensity of the crackdown, increase the cost of illegal will produce a certain effect in the short term.The fundamental solution to the problem is not only to take the law as a tool, but to have more people truly integrate the law into their own thoughts to regulate behavior, so as to truly reduce illegal activities and create a good and fair social order.(Source: China is through Train)