"Xue Tao teahouse" "Li Baidian Minced rice noodles"...... Famous people in history become trademarks, okay?-Industry News-Shenzhen deep trust patent Agency Co., LTD

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"Xue Tao teahouse" "Li Baidian Minced rice noodles"...... Famous people in history become trademarks, okay?

Release Time：

2022-10-26

"Li Bai and Xue Tao have become the names of teahouses and restaurants, something wrong." Recently, some Chengdu residents have seen shops with signs such as "Xue Tao Teahouse", "Xue Tao Fish Restaurant" and "Li Baidian Minzi rice noodles" on the streets, and have reflected that it is too casual to use the names of historical celebrities for restaurant names. In fact, the law does not explicitly prohibit the use of the names of historical celebrities as trademarks. Throughout the country, many historical celebrities have been registered trademarks, only related to "Li Bai" trademark applications, a total of 1,258 retrieved. Can the names of historical celebrities be applied for trademark registration? What are the rules for the scope of trademark use? Is it an infringement? Red Star news reporter to investigate this understanding.

In fact, the law does not explicitly prohibit the use of the names of historical celebrities as trademarks. Throughout the country, many historical celebrities have been registered trademarks, only related to "Li Bai" trademark applications, a total of 1,258 retrieved.

Can the names of historical celebrities be applied for trademark registration? What are the rules for the scope of trademark use? Is it an infringement? Red Star news reporter to investigate this understanding.

Trademark applications related to Li Bai

The public questioned: how the historical celebrity became a teahouse, restaurant name

According to the guidance of the public, the Red Star news reporter came to the intersection of Jiuyan Bridge and Wangjiang Road, and found that the sign of "Xue Tao Tea Art Building" and "Xue Tao Fish Restaurant" was prominently hung in a commercial building, and went to the second floor, the door of the business was hung with a door plaque with "Xue Tao".

Xue Tao Tea House, fish restaurant

The antique decoration of the store is divided into tea art area and dining area. Through the Windows, you can look out on the Jinjiang River, full of green eyes. About 800 meters away is the cemetery of Xue Tao, a female poet of the Tang Dynasty, and the site of Xue Tao Memorial Hall. From the advertisement placed by the business, it can be seen that the store has branches in the name of "Xue Tao" in Chuanshi, Sansheng Township and other places.

And in the spring Xi Road Yingjia Square, a named "Li Baidian Minozi rice line" shop is very prominent, shop call "Li Baidian" three words in the center, and "Minozi rice line" size is smaller below.

It is understood that the store is a chain brand, there are many branches. Advertisements on its website also feature cartoon avatars of ancient characters wearing Tang Dynasty style hats eating rice noodles. A customer at the scene told reporters that he did not think there was anything wrong with the name of the store: "I came to eat rice noodles, what effect does the name of the store have on the food?"

"I didn't think of the poet Li Bai in my first impression, but after I combined it with a cartoon character, I felt a connection with Li Bai." Another customer said that the most important thing about the restaurant is the food itself, and if the name of the restaurant is to rub off on the fame of historical celebrities, it will be a bit gimmicky.

Li Baidian minced rice noodles advertising

Business response: Registered trademark, authorized to use for many years

"We're trademarked and licensed." On October 18, Red Star news reporter contacted the staff of Chengdu Xue Tao Catering Co., LTD., the staff said that the company's Xue Tao (Jiuyanqiao store), Xue Tao (Chuanshi store), Xue Tao Yard, etc., are all in their business, and the "Xue Tao" store name has been registered as a trademark many years ago.

Why use "Xue Tao" as the store name? "At that time, I also wanted to promote Xue Tao culture." The staff told the reporter that Xue Tao is a historical celebrity in Chengdu, but her publicity and popularity are much smaller than Li Bai and Du Fu. The location of the shop is just near Xue Tao's tomb, and the boss grew up nearby, so he thought of Xue Tao as a name card for Chengdu catering. After obtaining the trademark certificate in accordance with the law, it has been used since 2014.

In the process of using it, some customers did not know who Xue Tao was and mistakenly thought that Xue Tao was the boss's name, but they also encountered complaints from citizens who questioned their use of the name of historical celebrities, and the company also defended and presented relevant certificates.

At present, the company mainly in the catering, wine, tea, utensils and other business scope registered "Xue Tao" trademark, has been in normal use.

“We have applied for registration of the trademark.”The relevant staff of Li Baidian Minzi rice line also gave a similar answer, saying that the "Li Baidian" on the store applied for registration of the trademark corresponding to the scope of business, and was authorized. The staff explained that the brand is mainly engaged in rice noodles, Mianyang rice noodles are very famous, Li Bai is Mianyang River oil man, Yunnan rice noodles are also relatively famous, Yunnan is short for Yunnan, therefore, the creation of this brand, the integration of the characteristics of the two places, people's names and place names are related, place names and catering categories are related, just use the name. "Our trademark application has been approved, and it is legally compliant."

According to the information on the website of the Trademark Office of the State Intellectual Property Office, the brand name "Li Baidian" applied for registration by Chengdu Maodaxian Catering Management Co., Ltd. in 2021, respectively, in 35 categories of advertising sales, 30 categories of convenience food has obtained the trademark right, while the trademark application in 43 categories of catering accommodation is shown to be in trademark opposition.

The law does not explicitly prohibit it but it is heavily censored

So, can the names of historical celebrities be applied for trademark registration? What are the rules for the scope of trademark use? Is it an infringement?

《Trademark Law(2019 revision)》Articles 10, 11 and 12 stipulate the scope of use and registration that may not be used as a trademark, excluding the names of historical celebrities. In other words, the names of historical celebrities can be applied for trademark registration, and they can also be authorized, but whether they are authorized is judged by professional organizations. After the trademark is authorized, the exclusive owner of the trademark obtains the exclusive right to use, license and transfer the trademark in accordance with the law in respect of the goods produced, manufactured, processed, selected or distributed by him or the services provided by him.

So after the trademark registration of the name of a historical celebrity, the scope of use is unlimited? China's trademark registration is divided into 45 categories, the names of historical celebrities do not involve related industries, nor do they involve special nouns, so as long as the legal and reasonable use, there is no restriction. In theory, there may be a similar situation of Li Bai jewelry and Dongpo restaurant. However, Zhou added that authorities have also stepped up the examination and trial of celebrity names, and it is now more difficult to obtain authorization to register trademarks with celebrity names. (Source: Red Star News)

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