The law brightened the "red card" Olympic athlete’s name was maliciously squatted
Original title: The Olympic athlete’s name is dismissed today, the "National Intellectual Property Office" to reject "Yang Qian" "Chen Meng" "" Chen Meng "," Chen Meng "," Chen Meng "," "Chen Meng", etc., "Point out And the natural people made a malicious rushing of the Io athletic athlete and "Patgam", "Tim", etc., the National Intellectual Property Office condemned and dismissed. "Is the Olympic athlete’s name maliciously rushed to the trademark" violations What legal provisions? How to punish with legal means? For the above problems, the reporter interviewed a number of law scholars and lawyers.
Can the name are registered as a trademark? Beijing Yunjia Law Firm Management Partner is appointed that the trademark law does not have a prohibition of prohibition, but there is no direct snapper through the parties, it is to mix the trademark service and the parties have a certain relationship, it is malicious competition or confused. Sexual purpose.
Inverse unfair competition law stipulates that operators do not implement some confused behaviors, which are misunderstood to be a product of others or have a specific connection with others.
"According to the relevant regulations of the trademark law, the trademark of the application shall not harm the existing right rights of others, nor should they register the priority to register someone else, and there must be a status of the business. The whole redness is the name of the Olympic athletes. It is well known to the relevant public, and the name of the public figure that has stabilized corresponding relationships is formed, and it is a typical malicious registration behavior that is registered as a trademark according to law.
"Wang Xinxia, ??senior partner of Zhongyong Law Firm, Beijing, said that the public mistakes are mistakenly recognized by the Olympic athletes, the merchandise or service of the designated use of the public or a specific connection with the public figure. The behavior violates the relevant regulations of the trademark law.
Liu Junhai, a professor of the Law School of Renmin University of China, said that as a business operator, with the Olympic athletes without relatives, cooperation and other relationships, competing for the trademark, this behavior is for the sake of heat, "said that the heat of others brings business, this For peers, it is unfair competition; for consumers, pull the flag as a tiger skin is a false advertisement, and the misleading propaganda, invading consumers’ right, choice rights and trading rights.
The deputy professor Associate Professor Wuhan University Law School believes that the standardized trademark market needs to be protected from all chains.
On the one hand, it is necessary to clarify the "use" attribute of the trademark, clarify the current law for "adverse impact" "in the first right" identification, strict review of all aspects of trademark registration, holding, transaction, licensing, etc.; In terms of promoting the cooperative governance of the judicial system and the administrative organ, strengthen information exchange sharing mechanism, strengthen the analysis and monitoring of the employment of the trademark applicant, the agency, and promotes the orderly development of the trademark market.
(Zhongqing report, Zhongqing.com, Ji Ji, Han Yu, first, Qi, Han,) (Editor: Luo Wei, Zhanghua Wei) Share more people to see.