Hi Tea Little boy art works invalid trademark case:
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”The creative inspiration comes from the characteristics of the cheese milk cover product launched by Hecha at that time, which is reflected in the shape of a little boy opening the cup lid and tilting the cup body at a 45 degree Angle to drink Hecha. Only when consumers taste Hecha in this posture, can the milk cover and drinks enter the mouth at the same time and taste the unique flavor of Hecha. The pattern is widely known by the Hecha Company.
In 2018, the company found that its original and actually used graphic logo similar to the little tea boy was applied for registration as a trademark by others in 30 categories of related goods, and in order to safeguard its own rights and interests, the trademark was declared invalid. The case went through the first and second trials, and finally the previous copyright of Mexixi Company was recognized by the court, and the trademark was successfully invalidated.
Case 2:
China Construction Bank logo objection trademark case:
During the period of trademark announcement, China Construction Bank Corporation Limited filed an objection against a graphic trademark of Anhui Rural Credit Cooperative Union (No. 45620488A), which it considered to be similar to its trademark and infringed its copyright. The Trademark Office considers that the goods specified by the opposed trademark and the services approved by the opponent's cited trademark do not belong to similar goods or services, so the trademarks of both parties do not constitute similar trademarks used on similar goods or services. However, the opponent applied for registration of a similar pattern as a trademark with the works that the opponent enjoys copyright, which has constituted damage to the copyright of the opponent, so the Trademark Office decided: No. 45620488A "graphic" trademark shall not be registered. Xiaobian query, at present, the trademark into the non-registration review process.
The court or trademark Office considers the following factors when determining and protecting the prior copyright in a trademark dispute case:
(1) The object of copyright claimed by others shall constitute a work within the meaning of copyright law;
(2) The work is still under protection;
(3) It is possible for the applicant or the right holder to have access to the above works;
(4) the contested trademark logo itself is substantially similar to the work claimed by others;
(5) The creation of the work was completed earlier than the contested trademark.
The appeal case tells us that in the process of trademark protection, we can actively introduce the prior right of copyright to safeguard our legitimate rights and interests. It also reflects the importance of protecting copyright (copyright).
Copyright and trademark are both different and related. Copyright has the advantages of long protection time, wide range of protection and fast proof, which can effectively prove originality.
Copyright registration has four functions:
(1) Strong credibility, determine its copyright ownership, resolve potential disputes; At the same time effectively prevent the occurrence of disputes.
(2) effectively defend against and revoke the application of trademarks and appearance patents by others in bad faith;
(3) It is an important proof to solve copyright disputes and trademark infringement disputes;
(4) as a legal document for the permission to use and transfer copyright.
Trademark registration is like building a house, although it has the right of residence, but can not confirm whether illegal construction, copyright registration is equivalent to the ownership of the house, can prove the legitimacy of the building, so it is best to protect the trademark and copyright at the same time, double protection, more powerful to maintain the stability and uniqueness of the brand.
Expertise sharing
A: According to the provisions of Article 20 of the Trademark Review and Adjudication Rules, a party participating in the review shall submit a corresponding number of copies according to the number of other parties, and the content of the copies shall be the same as the original.
If a request for invalidation is submitted online, the original copy shall be consistent, and one document can be uploaded. If the original copy is inconsistent, it cannot be submitted through the online service system. It is recommended to submit by mail or on-site.
Source: Trademark Circle
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