Case of trademark invalidation of "Yao Anna" No. 36878950. We will crack down on infringement of public figures' right to name (including their real names, stage names, translated names, aliases) or other improper means of obtaining registration.
Basic case
Disputed trademark: Yao Anna
No. 36878950 "Yao Anna" trademark was applied for registration by the respondent Guo, approved for use in cosmetics and other commodities. The trademark was declared invalid by Yao Siwei and Huawei Technologies Co., LTD. (i.e., applicants 1 and 2 in this case). Applicant 1, whose stage name is "Yao Anna", is well known due to his association with Applicant 2 and Ren Zhengfei. The respondent failed to provide a reasonable source of the word "YAOANNA", and maliciously registered YAO Anna's English name "ANNABEL YAO" and pinyin "YAOANNA" Yao Anna ", with the intention of copying or imitating the applicant's name. The cosmetics and other products used in the approval of the disputed trademark are also products endorsed by Yao Anna, which is easy to make the public think that it is closely related to Yao Anna and damages her right to name. The respondent's registered trademark lacks the true intention to use, and has the malicious intention to copy or imitate the well-known trademark of others. Applicant I and II request basisTrademark ActArticle 32 The provisions of paragraph 1 of Article 44 shall invalidate a disputed trademark.
The respondent argued that the respondent did not recognize the popularity of Applicant 1, and Applicant 1 attempted to use the influence of Applicant 2 and Ren Zhengfei to encroach on its trademark rights and interests. The use of the disputed trademark has an impact, and the registration of the disputed trademark is not malicious.
Case evaluation and analysis
Trademark ActArticle 44 (1) One of the circumstances of "obtaining registration by other improper means" is that the applicant for a contested trademark applies for the registration of multiple trademarks, which are identical or similar to the trademarks of others with certain popularity or strong distinctive characteristics. The respondent has also registered a large number of trademarks similar to well-known place names and other well-known trademarks in cosmetic commodities, such as "PARISCOCO", "GEFEIDIAO", "TIMBUKTU", "Diorella DIAOELLA" and so on. The respondent does not have the legitimacy to register and hoard the trademark, and it does not give a reasonable explanation for it, which has constituted the situation of "obtaining registration by other improper means" in the first paragraph of Article 44 of the Trademark Law.
Typical significance
This is applied togetherTrademark ActArticle 32 and Article 44: Typical cases of protecting the right to name of well-known figures and combating "other improper means to obtain registration". Name belongs toTrademark ActOne of the "prior rights" stipulated in Article 32, the name of another person includes the stage name, and this case involves the protection of the name right of the well-known artist "Yao Anna". In addition to the stage name of "Yao Anna", the respondent also registered a large number of trademarks similar to other people's well-known names, well-known place names, and well-known trademarks at the same time, obviously lacking the real intention of use, and malicious registration of other people's well-known trademarks and hoarding trademarks in order to achieve illegal profits, is the trademark administrative authorities focus on regulation and the target of severe crackdown. Combined application of the caseTrademark ActArticle 32 and Article 44, paragraph 1, have a certain deterrent effect on malicious registration applicants. (Wang Zhao Wei, the Second Review Division of Trademark Office, National Intellectual Property Office)
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