Celebrity trademark, domain name again to overturn the scramble experts: If malicious registration will be illegal

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The search for "business opportunities" has become a social issue, according to the Chinese voice of the Central News report, from the crown sued Apple to Michael Jordan to sue Jordan for sport, and the Lin trademark was registered two years earlier. What exactly is the definition of the name and trademark of a registered celebrity? And what are the risks behind those who think they have seen the opportunity?

For the use of celebrity names registered trademarks of the phenomenon, the legal profession said that according to China's current trademark law, without affecting and infringing the rights of other people's names, under the premise that the name of celebrities can be registered trademarks. However, if the use of similar names to apply for a registered trademark, may have adverse effects on society, generally can not be registered.

As there is no denying the passage of all, so for example, for Michael Jordan's lawsuit, Jordan Sports on the defense that the Chinese "Jordan" is in accordance with Chinese law to apply for registration and enjoy the exclusive right of the registered trademarks, protected by our laws. But does that infringe on Michael Jordan's name? "It's hard to say at the moment," said the lawyer. "Because Jordan's sports company is registered for trademark rights, Michael Jordan wants to assert his name and is part of his personal rights." It comes down to the controversy over the value of wealth in the name right. At present, our country's law has not quantified the value of this wealth. Therefore, it is not easy to say that China Jordan used the word "Jordan" to violate the name of the athlete Jordan. ”

Is it illegal to register a celebrity trademark now? Experts said, according to China's "trademark law" 31st stipulates: "The application of trademark registration shall not prejudice the prior rights of others." and under section 41st, if this occurs, the preceding obligee may apply to the trademark Review Board for revocation of the registered trademark within five years from the date of registration. In other words, if you maliciously rush the name of a celebrity, he can defend his rights through the above means. Jeremy Lin, for example, may soon be the next Jordan. This also reminded these celebrities to have a strong sense of rights, the provisions of the law in 5 years, if found early, can apply for revocation.