Tang Jiasan, a trademark writer, was accused of prosecuting rights.

category:Global
 Tang Jiasan, a trademark writer, was accused of prosecuting rights.


In the afternoon of April 23rd, the Beijing intellectual property court made a public sentencing of the case and decided to revoke the award for the Trademark Review Committees request for the declaration of the invalidation of the Trademark No. 11998573. The continental was snatch the trademark The continent of Zhang Wei is a fantasy novel written by Zhang Wei in 2008. Tang Jiasan won the top of the 2007-2012 years rich list of Internet writers, and was elected as a member of the National Committee of the Chinese Writers Association in November 2011. In January 5, 2013, Feng Hyun animation and animation company applied to the State Administration for Industry and commerce to register the trademark of Toro continental. In December 14, 2015, whirlwind animation company was allowed to register the trademark of the Toro continent, and was approved to use in the sixteenth types of comic books, secretaries, printed publications, posters, magazines (periodicals), notebooks or The special time limit for drawing, postcard, calendar (calendar), folder (office supplies), album and so on will be June 20, 2024. Dont request a trademark to be declared invalid When the Tang family found that the Toro continent was registered as a trademark, the Trademark Review Committee of the State Administration for Industry and Commerce of the State Administration of industry and Commerce made a request to declare the trademark invalid. Tang Jiasan rarely said that, first of all, the name of the continent series created by the trademark Da Luo continent is ingenious and should be protected by copyright law. Feng Xuan animation company registered the name as a trademark and infringed Tang Jia Sans prior copyright. Second, the third of the Tang family has made the continental as a distinguishing sign of the function of distinguishing goods and services through special ways, and has strong significance. Therefore, the continental is actually used in the sense of trademark law, and has a certain influence. Furthermore, the development and use of the Tang family, which has been developed and used in many fields, has set up a high degree of popularity among the relevant public. The reputation of the Tang family is less invested in intellectual labor and capital, and the business opportunities brought by Tang Jiasan should be enjoyed less. On the way of business cooperation, the wind and animation company registered the trademark Da Luo as a trademark, which infringed the legitimate rights of Tang Jia San. In the end, the mano continent has formed a unique name of a well-known commodity, belonging to other civil rights or interests other than the prior right, which is not specifically stipulated in the trademark law. The rules are stipulated. Trademark Committee: the continental is only the title of the novel After the application of the trademark Committee, the trademark Committee has examined the opinion that the third of the Tang family has the copyright of the novel the continental, but it cannot prove that it is entitled to the first copyright of the trademark. And the third of the Tang family has not been able to prove that the unique name of the well-known commodity, such as comic book, Postcard and the like, is not proved to have a certain influence in the public. At the same time, the evidence submitted by the Tang family can only prove that it uses the fighting continent as the title of the novel, but it is not sufficient to prove that it has been used as a trademark before the date of applying for trademark claims. In June 16, 2017, the Trademark Review and Adjudication Board ruled that the trademark should be maintained. Court: the continent constitutes the unique name of well-known commodities. After the decision was made, Tang Jia said that the trademark committee did not consider the fact that the brand name of the novel and works of the fighter had already had high popularity before the application date of the trademark dispute. It did not support the prior rights and interests of the trademark, and applied the Trademark Review Committee to the Beijing intellectual property law. The court, after filing the case, informed the wind animation company as a third person to take part in the lawsuit. In the court, the defendants Trademark Review Committee argues that the courts decision to dismiss the plaintiffs claim is made by the courts decision to make the procedure legal, qualitative and accurate and apply the law. In the first place, the use of the word Da Luo can not be used in a trademark way, said the third person animation company. Secondly, according to the agreement between Tang family and Feng dazzle animation company, Feng dazzle animation company authorizes the use of the word Du Luo continent by the plaintiff and uses the trademark in various occasions to the word Du Luo continent, which is in accordance with the contract agreement of both sides. It is legal and legitimate for the company to register the trademark of the continent trademark, and the trademark registered by the company has a high degree of significance. Therefore, the court will ask the court to dismiss the plaintiffs claim. After the trial, the court has considered that the third few of Tang family and the name Du Luo continent have high popularity. Feng dazzling animation company applies the fighting continent as a trademark, and it is used in books, printed publications and so on. It is easy to cause the relevant public to think that there are few specific commodities for the use of the trademark and the third of the Tang family. In connection, the rights and interests of the third party in the Tang Dynasty may be damaged, and Tang Jiasan is less likely to constitute the first rights and interests of the famous goods, and should be supported according to law. It is not enough to prove that the third of Tang family is not capable of identifying the source of the goods, so it is not sufficient to prove that the third of the Tang family has been the fighting continent. Words are used as trademarks in books and other commodities. On the afternoon of April 23rd, the Beijing intellectual property court made a decision on the case, revoking the decision of the Trademark Review Committee of the State Administration for Industry and Commerce of the State Administration for Industry and Commerce on the claim for the declaration of the invalidation of the Trademark No. 11998573 the trademark of Toro, and asked the Trademark Review Committee to redecide. After the sentencing, Tang Jiasan expressed his obedience to the court. Source: LegCo Evening News - view news writer: Zhou Yu editor in charge: Zhu Xiaodong _NBJS6126 After the trial, the court has considered that the third few of Tang family and the name Du Luo continent have high popularity. Feng dazzling animation company applies the fighting continent as a trademark, and it is used in books, printed publications and so on. It is easy to cause the relevant public to think that there are few specific commodities for the use of the trademark and the third of the Tang family. In connection, the rights and interests of the third party in the Tang Dynasty may be damaged, and Tang Jiasan is less likely to constitute the first rights and interests of the famous goods, and should be supported according to law. It is not enough to prove that the third of Tang family is not capable of identifying the source of the goods, so it is not sufficient to prove that the third of the Tang family has been the fighting continent. Words are used as trademarks in books and other commodities. On the afternoon of April 23rd, the Beijing intellectual property court made a decision on the case, revoking the decision of the Trademark Review Committee of the State Administration for Industry and Commerce of the State Administration for Industry and Commerce on the claim for the declaration of the invalidation of the Trademark No. 11998573 the trademark of Toro, and asked the Trademark Review Committee to redecide. After the sentencing, Tang Jiasan expressed his obedience to the court.