Where is your home? Disputes over the registration of thousands of trademarks by the publisher of Nazha

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 Where is your home? Disputes over the registration of thousands of trademarks by the publisher of Nazha


Original title: What is your devil child? Disputes over the registration of 1818 trademarks by the issuer of Naju

Press trainee journalists in Pengchao should disclose books

Almost all of these brand names are related to movies, such as Qi Er, Daddy Goddess, Na Qis Devil Boy, Mrs. Yin, Ao Bing, etc. At present, part of the application status is waiting for substantive review, and part of it fails to display detailed information.

The news reporter visited Chinas trademark network and found that Sun Wukong, pig eight quit, Pangu Nuwa, Jade Emperor and other mythical figures have been successfully registered as trademarks.

Can these trademarks registered in large quantities in a short period of time by Ray Picture Industry be legally recognized and be regarded as malicious hoarding of trademarks?

When the Ray Picture Industry registers trademarks, the same trademark names are registered many times, involving different types of services. Madame Yin has registered nearly ten products and services, such as net fabrics, insurance consultation, transportation, interior decoration, disinfection and so on. These types of services seem to have nothing to do with the business of the film industry. Is it a malicious hoarding of trademarks?

Zhao Zheng, deputy director of Beijing Zhilin Law Firm and special researcher of Intellectual Property Research Center of China University of Political Science and Law, told Peng Mei News that this is a defensive registration and may not be used by himself, but it is necessary to prevent other people from registering and using it. However, there is still a lack of clear criteria for judging malicious preemption. It can not be concluded that the ray film industry is maliciously rushing to register trademarks.

Its hard to say whether it can be registered. If someone has registered the same or similar trademark in a certain category, he cant register it. Zhao Zheng said, Large companies will basically register a large number of defensive trademarks.

Article 4 of the Trademark Law of the Peoples Republic of China mentions that natural persons, legal persons or other organizations shall apply to the Trademark Office for trademark registration if they need to acquire the exclusive right to use trademarks for their goods or services in production and business activities. An application for registration of a malicious trademark not for use shall be rejected.

Therefore, if the Trademark Office defines a trademark unrelated to the companys business as a malicious registration application, it will reject it.

One of the producers of The Devil Child of Naju said that the relevant personnel of Holgus Color Bar House Film Co., Ltd. did not know much about the registered trademark of Ray Film.

The rampant piracy of derivatives in Naju is due to the lower cost of infringement and the higher benefit.

Some media pointed out that behind the crazy registered trademarks of the ray film industry, there is a certain relationship with the proliferation of pirated derivatives of the film Naju.

As early as July 31, Ray Pictures issued a copyright statement for the film, saying that recently, the market is full of pirated goods / products / materials, etc. The statement also said that the unauthorized development/investment of derivatives in Naju is an infringement, the infringer should stop the infringement immediately, and the light will also protect the legitimate rights and interests of the creative team. At the same time, the light also appeals to the audience to resist piracy, protect the original and respect the legitimate rights and interests of the creator.

However, up to now, the genuine derivatives of The Devil Child of Nazha have been raised by 56,000 people to support the amount of more than 15.7 million yuan.

As of September 9, App, the official microblog crowdsourcing platform, showed that the total amount of crowdsourcing with the three official derivatives of The Devil Child of Nazha has exceeded 15.7 million yuan. Motion Point Official Weiwei said that the total amount of the derivatives raised by The Devil Child of Nezha has set a new record for the total amount of Chinese film derivatives raised by the public.

Zhao Zheng, deputy director of Beijing Zhilin Law Firm and special researcher of Intellectual Property Research Center of China University of Political Science and Law, believes that the main reason for the proliferation of piracy is the low cost of infringement and the high benefit of infringement, which leads to the low enthusiasm of the right holders to safeguard their rights, and the lack of administrative enforcement for piracy infringement. There are some difficulties in cracking down on piracy of network infringement. These factors together lead to more copyright infringement of products around animation.

The result of this situation is that the rights and interests of the obligee are damaged, and the enthusiasm of creation is hit, which is not conducive to the content innovation of animation, film and other cultural fields, and ultimately affects the sustainable and healthy development of the cultural industry. To curb this phenomenon, the main way is to improve the compensation standard for copyright infringement, strengthen the management responsibility of network platform for piracy infringement, and establish a normal law enforcement mechanism for copyright law enforcement agencies.

National Man Film Elements Registered Trademark has become a common practice

In recent years, other national animation films with good box office performance in the domestic market are also trying to register the trademark of the words related to the film. But the number of registrations is far less than that of Ray Pictures.

In 2016, the producer of Big Fish Begonia, which won 565 million yuan at the box office, also applied for many trademarks related to it. Referring to China Trademark Network, we can see that there are 135 trademark registration applications for Big Fish Begonia. Among them, Bian Astronomy Chemical Co., Ltd., one of the exporters of Big Fish Begonia, has applied for 20 times. However, not all trademark applications have been approved, many of which have been rejected for review.

Similarly, the search for Return of the Great Saint shows that there are 100 trademark registration applications. The applicants are Hengdian Film and Television Production Co., Ltd., the manufacturer of The Great Sage Return of Journey to the West, with a box office of 956 million yuan, and Beijing Yancheng October Culture Communication Co., Ltd. At present, some of them have been registered successfully and some of them have been rejected. Search for The Great Saint Return of Journey to the West, there are also 45 trademark registration applications, the applicants are Beijing Yancheng October Cultural Communication Co., Ltd., have been registered successfully.

The news reporter visited Chinas trademark network and found that Sun Wukong, pig eight quit, Pangu Nuwa, Jade Emperor and other mythical figures have been successfully registered as trademarks.

As to whether the trademark can be registered with mythical characters, Jie Ping, a law professor at Zhejiang University of Technology, said, Law can be done without prohibition. It is not within the scope of non-registration stipulated in the Trademark Law, nor is it possible to register a malicious trademark without applying for registration for the purpose of using it. At present, there is no express provision in our trademark law that the names of mythical characters can not be used as trademarks.

Source: Peng Mei News Responsible Editor: Chen Shaojie_b6952