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The Controversy Over "Jordan" Reappears: Can We Revoke The Original "Jordan" Trademark?

2012/4/16 16:51:00 10

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Jordan Sports Trademark Registration Michael Jordan

In February 23rd, basketball players in the United States

Michael Jordan

Jordan has been indicted in the Chinese court for alleged infringement of his right to name. The case has been filed in a court in Shanghai. Today it is reported that the title of the name right lawsuit is 50 million RMB yuan.

According to the Trademark Law of China, the right to exclusive use of registered trademarks is based on the principle of "voluntary registration" and "application first principle".

Any applicant who applies to the trademark office can obtain the exclusive right to use the trademark as long as it meets the relevant conditions stipulated in the trademark law.

Jordan

The application was from 2000 to 2004. Although Jordan was a famous athlete, basketball was not popular in China at that time.

Jordan's sports application is written in Chinese, Michael Jordan is an English name, and Chinese examination is not like athlete's name, just like ordinary surnames, "Lv Zhihua said." the problems between them are problems arising from subsequent use and have nothing to do with registration.

If Michael Jordan, a rightist, is misled because of improper use of Jordan's sports, it will lead to a link between the two sides. He can use his personal attraction and global influence to prosecute his rights through court. "

It is reported that

Trademark registration

After the review stage, there are generally three aspects, one is trademark saliency examination.

No registration is necessary if there is no significance.

Second, review the prohibition clause.

Some words and figures are the same or similar to national names, national flags, national emblem, etc., or with racial discrimination, violation of public order and good customs. Trademark law prohibits registration.

Third, examine the prior rights of trademarks.

The applicant shall not register himself with others' rights, nor shall he register another person's trademark by improper means.

"The review of other prior rights is generally carried out through subsequent procedures," Lv Zhihua said. Anyone who can make a preliminary announcement of the trademark without violating the prohibition clause and the prior rights clause can make a different opinion.

For example, it points out that a trademark infringes on its copyright, name right or other rights.

"If you miss the three month objection period, which results in the registration notice of the trademark, you may also request the Trademark Review and Adjudication Board to cancel the trademark, which is clearly stipulated in these laws."

Lv Zhihua pointed out that whether the "Jordan" or "Jeremy Lin" was initially examined, the above three aspects were examined.

If the obligee thinks that he infringes his right to name or other rights, he can claim his right through the subsequent relief procedure to the people's court.

Recently, the name of Jeremy Lin, a popular pop star, was sold by Wuxi businessmen for 4460 yuan in 2010. The name "Jeremy Lin" is now valued by US magazine Forbes for about 100 million yuan.

For celebrities' names being snatch as trademarks, Lv Zhihua said that the Trademark Review actively intervened in the leaders and the people involved in the major impact events.

China has a large number of surnames. "If someone applies for Lining, we will not register. Unless he himself comes, his own company has also registered a trademark. Yao Ming has also put forward a ban on registering his name in other categories.

If they do not mention it, it is very difficult for the Trademark Office to consider these names through the preliminary examination.

In fact, "trademark" as a kind of investment target, many companies are playing the edge ball. Lv Zhihua thinks, from a legal point of view, these phenomena are people gradually realized the importance of brand in the development process.