Case Introduction

         A well-known internet celebrity on a certain video platform, "Xiaoguan" (pseudonym), claimed that his name, which had been used for more than 20 years, had been registered as a trademark by a company. The opposing party sent him a lawyer's letter, informing him that if he continued to use it, legal measures would be taken. His accounts on various platforms have also been complained about and sealed off. This video has received millions of views since its release, and both big and small internet celebrities have attached great importance to trademark registration issues. The issue of malicious trademark registration has also entered the public eye. After investigation, there are currently 65 trademark application records related to "Xiaoguan", of which 44 were applied by a certain media company, most of which have been successfully registered. After investigation, it was found that the legal representative of a certain media company is Xiaoguan himself. Before a certain media limited company began to protect the "Xiaoguan" trademark, the registration status of the trademark was either invalid or in opposition to the trademark. Regarding this, some netizens commented, "Unexpectedly, Xiaoguan used his real name... it's foolish.".

Judicial interpretation

        According to Article 1017 of the Civil Code, pen names, stage names, internet names, translated names, trade names, and abbreviated names that have a certain social reputation and are used by others to cause public confusion shall refer to the relevant provisions on the protection of the right to name and the right to name. Article 20 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Trademark Authorization and Confirmation" stipulates that if a party claims the right to a name using a specific name such as their pen name, stage name, or translated name, which has a certain level of popularity and has established a stable corresponding relationship with the natural person, the people's court shall support it if the relevant public uses it to refer to the natural person. Therefore, we can make it clear that applying for a trademark shall not harm the prior rights of others. In administrative cases of trademark confirmation, the protection object of the prior name right is not limited to the legal name of the party concerned, but also includes specific names such as their pen name and stage name. If the registered trademark is used as the name or stage name of the objector, and has been widely promoted and widely used for a long time, it has a high reputation among the relevant public and has a corresponding relationship with the objector, then the trademark applied for registration may cause confusion and misidentification among the relevant public and will not be supported by the Trademark Office.

Judge's suggestion

        When the registered trademark enters the preliminary approval announcement and has not yet been approved for registration, objections can be raised to the Trademark Office. According to Article 33 of the Trademark Law, for a trademark that has been preliminarily approved and announced, if the prior right holder or interested party believes that it violates the provisions of Article 32 of this Law within three months from the date of announcement, they may raise a trademark objection to the Trademark Office.

For registered trademarks, within five years from the date of trademark registration, the Trademark Review and Adjudication Board may request to declare the registered trademark invalid. At the same time, the registered party can submit a registration application for this type of trademark in order to obtain it after the registered trademark is declared invalid. The examination department will decide whether to postpone the trial of the application.

        Bring a lawsuit to the court to hold the infringer accountable. When malicious trademark registration harms one's own interests, the trademark registrant or interested parties may, through litigation proceedings, demand that the infringer bear civil liabilities such as cessation of infringement, compensation for losses, and elimination of impact.

        This article is transferred from the official account of "Haidian Court". Thank you.