The Yao Ming Generation Has Not Been Registered Successfully In 10 Years.
Yao Ming told the case of Wuhan Yunhe case.
"Yao Ming generation" for 10 years
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Washington (reporter Li Rui) Yao Ming sued Wuhan cloud crane Big Shark
Sports goods
Is the "Yao Ming generation" involved in the company's case a legally registered trademark?
Reporters yesterday learned that the brand was born 10 years ago, has not been "registered permanent residence".
Search for "China Trademark network" found that the "Yao Ming generation" sportswear and sports shoes were listed in twenty-fifth categories. In October 18, 2001, a "Yao Ming enterprise Limited by Share Ltd" located in Tongluowan, Hongkong, applied for registration.
In November 11, 2003, Yao team discovered the registration and filed an objection to the State Trademark Office.
More than 4 years later, in January 9, 2008, the objection was completed and Yao Ming was won. The trademark was not approved.
Yao Ming enterprise Limited by Share Ltd immediately after half a month raised objection review, March 3, 2010 review finished, support "Yao team" objection.
In the meantime,
trademark
Be pferred two times.
It is reported that after the failure of the objection review, the new owner of the trademark, Wuhan Yunhe filed an administrative lawsuit and submitted it to the first intermediate court of Beijing.
This year, the Beijing intermediate court awarded the result of Yao Mingfang's judgement.
At present, the audit enters the final proceedings of Beijing high court, which is the last step of the whole confirmation procedure.
Liu Tianzhi, a partner of Wuhan branch of Beijing de Heng law firm, believes that the procedure of trademark confirmation has been normal for 10 years. During this time, any enterprise using the brand of "Yao Ming generation" does not violate the trademark law, but it can not get legal protection.
However, when Yunhe crane sells its products labeled "Yao Ming generation", it uses Yao Ming's photos and videos to publicize. This does have the suspicion of violating the right of portrait of Yao Ming, and it also has the obvious violation of Yao Ming's right to name. "Wuhan,"
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