These days risk control at home, "baby bus, happy enlightenment" TV programs from time to time into the ear. BabyBus is a brand focused on creating children's enlightenment digital products. Baby Bus adheres to the concept of "happy enlightenment", provides free digital content for children in a wonderful and interesting way, and tailors a series of content products such as "nice to listen to", "nice to look at" and "fun". Qi Wonderful Miao plays the leading role in the baby bus series products, and its image is based on the prototype of panda, which is loved by children.
Recently, a trademark invalidation dispute involving panda Qiqi and panda Miaomiao image works has made new progress. After hearing, the Beijing Higher People's Court found that the registration of the trademark No. 34281621 "BUQI PANDA and Figure" (hereinafter referred to as the trademark involved) constituted the situation of "applying for trademark registration shall not harm the existing prior rights of others" in China's trademark law, and finally revoked the first-instance judgment and the ruling that the trademark involved should be upheld.
On January 7, 2020, Fuzhou Zhiyong Company (formerly known as Baby Bus Company) filed a request for invalidation of trademark No. 34281621 "BUQI PANDA and Picture", arguing that Little Dimples Technology Company has registered its published and copyrighted artwork as a trademark, which has damaged its own relevant rights. Request the intellectual Property Office to make it invalid. The trademark application for "BUQI PANDA and Picture" was filed on October 26, 2018, designated for use in Class 35 and other services, and the trademark was approved for registration on July 7, 2019, after which it was approved for transfer to Little Dimples Technology Company.
After hearing, the State Intellectual Property Office held that the disputed trademark could not be found to have damaged the prior copyright claimed by Fuzhou Zhiyong Company, so it ruled that the disputed trademark should be maintained. The baby bus company was not satisfied and appealed.
After hearing, the Beijing Higher People's Court found that the registration of trademark No. 34281621 "BUQI PANDA and Tu" constituted the situation that "application for trademark registration shall not harm the existing prior rights of others" in the Trademark Law, and finally revoked the judgment of first instance and upheld the ruling of the disputed trademark.
Article 32 of the Trademark Law stipulates that an application for trademark registration may not prejudice the existing prior rights of others, nor may it preempt the registration of a trademark that has already been used by others and has certain influence by unfair means.
Although the objects of copyright and trademark protection are different, when there is a conflict between the two rights, the prior copyright may become an obstacle to the later trademark right.
From the point of view of this case, if the graphic is applied for trademark registration by others, at this time, the use of copyright prior rights to object or invalid, the success rate is relatively large. Therefore, when applying for a graphic trademark, it is necessary to do a good job of copyright registration and maintain their legitimate rights and interests. Especially for unregistered trademarks, more attention should be paid to the collection, sorting and preservation of daily use evidence.
Therefore, it is recommended that applicants register for copyright protection whenever possible, which has the following advantages:
(1) Strong credibility, determine its copyright ownership, resolve potential disputes; At the same time effectively prevent the occurrence of rights 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 licensing and transferring copyright;
(5) It can better consolidate the stability of trademark rights and avoid the situation of copyright being opposed or invalidated;
(6) To prevent the trademark from being withdrawn from losing its exclusive right, copyright is a lifelong power, even if the trademark is withdrawn and invalid, there is copyright to protect their legitimate rights and interests;
(7) Better protect the integrity of their own trademarks, prevent people from using them, register them in other categories of trademarks, and dilute their brand value. (Source: Trademark Circle, Shenzhen Copyright Service Center)
More information and services
The official subscription number of "Shenkexin Intellectual Property Rights" on the code
Code on the concern [Shenkexin intellectual property service platform] official service number
Related Cases
"K song" has become an important content of current entertainment consumption, but many people may not know that the songs played in KTV are copyrighted. If it is not legally authorized by the copyright owner, KTV may bear legal responsibilities according to law. Recently, a number of KTV in Nanchang was sued to the court of High-tech Zone for violating song copyright. The plaintiff is a media company in Songyuan City, and the defendant is a KTV concert hall in Nanchang. The plaintiffs have Copyrights to 109 music videos. The plaintiff found that the defendant without permission, for the purpose of business, without authorization, through the consumer's on-demand way in the KTV, including "Encounter True love", "Peach Blossom for three months", "China Red" and a total of 109 plaintiff's copyrighted works.
2022-10-22
Chamber adaptation Langya bang infringement judgment 1 million | Attached judgment
This case is the first case of scripted entertainment products violating the right to adapt well-known IP, and it is also the first case of scripted entertainment business activities annexing the IP name of well-known literature, film and television to constitute unfair competition, which has certain typical significance and strong industry standardization leading role.
2022-09-13
Really? ! Playing music like this is an infringement?
This case is a dispute over infringement of the right of information network dissemination of works.
2022-07-19
Learn to appeal to know network infringement, court decision!
June 27 news, China Judgment documents network recently disclosed that Beijing Century Super Star Information Technology Development Co., LTD. (hereinafter referred to as "Learning Pass") and "Chinese Academic Journals (Optical disc Edition)" electronic magazine Co., LTD. (hereinafter referred to as "Know Network") eight infringement of the work information network transmission right of the first instance legal documents.
2022-06-28
If the lesson plan is used by others, is it a violation of trade secrets?
Because it believes that the teaching curriculum system and related materials used by others to run art training institutions have infringed its trade secrets, Beijing Festive Culture Communication Co., Ltd. will Sue Beijing Xinxing Technology Co., LTD., Beijing Changsheng Culture Media Co., Ltd. and relevant employees to the court. The defendants are required to stop infringing trade secrets, apologize, eliminate the impact, compensate for economic losses and reasonable expenses. After hearing, the Haidian Court found that the teaching teaching plan advocated by the company in this case did not belong to the trade secret protected by the Law against Unfair Competition, and rejected all the litigation claims of the company.
2022-06-13
Appellant Pinchuang Company and appellant Yuan Desheng Company and other utility model patent infringement disputes Yuan Desheng Plastic Electronics (Shenzhen) Co., LTD. (hereinafter referred to as Yuan Desheng Company) is the patentee of patent No. ZL201420522729.0, the name of "an integrated selfie device" utility model patent. Zhongshan Pinchuang Plastic Products Co., LTD. (hereinafter referred to as Pinchuang Company), mainly accept foreign processing orders, production of related products. On May 9, 2017, in the (2016) Yue 73 Minchu No. 2351 case, Yuan Desheng Company reached a settlement agreement with Pinchuang Company and Zhongshan Rigao Precision Industry Co., LTD., agreeing that Pinchuang Company stopped producing, selling and promising to sell the accused infringing products, and compensated Yuan Desheng Company 35,000 yuan.
2022-06-07
Telephone：
Telephone：+86-755-82566227、82566717、13751089600
Head Office：13 / F, Building 14, Longhua Science and Technology Innovation Center (Mission Hills), No. 8 Golf Avenue, Guanlan Street, Longhua District, Shenzhen
Head Office：
13 / F, Building 14, Longhua Science and Technology Innovation Center (Mission Hills), No. 8 Golf Avenue, Guanlan Street, Longhua District, Shenzhen
Subsidiary Company：2808, Block B2, Yuexiu Xinghui Junbo, No.18 Tazihu East Road, Jiangan District, Wuhan City, Hubei Province
Subsidiary Company：
2808, Block B2, Yuexiu Xinghui Junbo, No.18 Tazihu East Road, Jiangan District, Wuhan City, Hubei Province
Service Number
Subscription Number
Copyright ©2016 Shenzhen Shenkexin patent Agency Co., LTD All rights reserved | 粤ICP备2021174526号
Copyright ©2016 深圳市深可信专利代理有限公司 版权所有 | 粤ICP备2021174526号 SEO标签
Copyright ©2016 深圳市深可信专利代理有限公司 版权所有
