The trademark office is registered in response to cover face expression: chats do not constitute trademark infringement.

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 The trademark office is registered in response to cover face expression: chats do not constitute trademark infringement.


A staff member of the Trademark Bureau of the State Administration of Industry and Commerce told reporters that the application for registration of the trademark is still in the period of objection, and anyone and the company can raise objections. Even if the expression is registered as a trademark, the use of the expression in the chat process does not constitute trademark infringement.

Cover face expression was submitted for trademark registration application.

Since mid August, a screenshot of a preliminary verification notice of cover face expression has been widely disseminated in the Internet. Some netizens have posted microblogs saying that the most commonly used face-covering expression in Weixin chat has been applied for registration as a trademark, and the use of this expression in future chat may constitute a trademark infringement. For a while, if the trademark of cover face expression is successfully registered, whether it infringes the copyright of the expression designer or whether the expression used in chat constitutes trademark infringement has become a hot topic among netizens.

Today (September 14) afternoon, reporters in China Trademark Network query found that the expression is indeed in the trademark registration application, is currently in the preliminary approval of the trademark objection period. The trademark applicant Jin Zhaoping told reporters that he runs a clothing company, the company will design and produce a variety of clothing. This expression has been used for one or two years, usually printed on T-shirts, trousers and other clothing.

Jin Zhaoping said that the category of trademark registration application he submitted is the 25th category, that is, clothing, shoes, hats, and other trademark categories of trademark applications do not conflict with each other, does not affect the use of netizens in chatting muffled expression, not to mention his trademark infringement.

Faced with the doubts of netizens, he said that he had seen the little yellow face pattern is very popular, so began to print on the clothes produced by his clothing company face expression. The application for trademark registration is mainly aimed at further protecting the expression in the clothing area.

Some netizens questioned that the trademark Jin Zhaoping applied for is highly similar to the face-covering expression used in Weixin chat. There is no difference except one is color and the other is black and white. They suspect that the trademark infringement. Jin Zhaoping believes that the trademark he applied for does not constitute infringement, because there is no trademark classification of online chat emoticons in the existing trademark categories, and he has not developed a chat software and used the emoticons.

State Administration for Industry and Commerce Trademark Office: trademark application is still in preliminary examination stage.

A staff member of the Trademark Office of the State Administration for Industry and Commerce told reporters that she was also concerned about the matter. At present, Mr. Jins application for facial expression is still in the preliminary stage of approval of the objection period, and has not been successfully registered. Any individual and company have other opinions on the registration of the trademark, can file an application for objection.

According to the above staff, Chinas existing trademarks are divided into 45 categories, network chat emoticons are new things, there is no trademark application for chat emoticons. Jin Zhaoping has applied for 25 types of trademarks. The state only protects them in the fields of clothing, shoes and hats. It does not prevent people from using the expression to register trademarks in the fields of restaurants and accommodation. As for whether the expression used in future chat constitutes trademark infringement, the staff replies that the use of face-covering expression in chat does not constitute trademark infringement, but can still be used normally. Whether the trademark is original or infringes other peoples copyright is a matter of law, not within the scope of the Trademark Office ruling. It is also added that if no objection is raised during the period of the trademark examination and approval announcement, and the trademark is successfully registered, other individuals or companies may, in accordance with the Trademark Law of the Peoples Republic of China, file a trademark invalidation declaration with the Trademark Review and Adjudication Commission. Source: Beijing News Editor: Qian Yue Xiao _NBJ10675

According to the above staff, Chinas existing trademarks are divided into 45 categories, network chat emoticons are new things, there is no trademark application for chat emoticons. Jin Zhaoping has applied for 25 types of trademarks. The state only protects them in the fields of clothing, shoes and hats. It does not prevent people from using the expression to register trademarks in the fields of restaurants and accommodation.

As for whether the expression used in future chat constitutes trademark infringement, the staff replies that the use of face-covering expression in chat does not constitute trademark infringement, but can still be used normally. Whether the trademark is original or infringes other peoples copyright is a matter of law, not within the scope of the Trademark Office ruling.

It is also added that if no objection is raised during the period of the trademark examination and approval announcement, and the trademark is successfully registered, other individuals or companies may, in accordance with the Trademark Law of the Peoples Republic of China, file a trademark invalidation declaration with the Trademark Review and Adjudication Commission.