The construction of the intellectual property system of the science and technology board legal services, "Hello, Li Huanying" trademark full category registration protection pros and cons-the enlightenment of the construction of the intellectual property system of the science and technology board enterprises.
Published:
2021-02-22
"Hello, Li Huanying" will be released on the first day of the new year in 2021, and the box office will officially exceed 4 billion at 8 pm on February 21. According to the requirements of the Shenzhen Stock Exchange's Growth Enterprise Market, the producer Beijing Jingxi Cultural Tourism Co., Ltd. disclosed public information, showing that the company's box office revenue from the film was about 6000-65 million yuan due to the guaranteed distribution problem. In this regard, Beijing Culture as the producer did not get a high profit. Of course, the reason is the result of the choice of the business model of the film distribution, which will not be repeated. However, the company applied for trademark registration in 45 categories of goods and services with "Hello, Li Huanying" as a trademark, which shows that the company attaches great importance to intellectual property rights.
Judging from the search results on the website of the State Intellectual Property Office, it also applied for trademark registration for the films "My Hometown and Me" and "The King of Bathing" released in the same period in 2020. In particular, the film titles of "me and my hometown" and "Hello, Li Huanying" have been registered in 45 categories of goods and services, which has also been praised by intellectual property service organizations. However, it is worth noting that this kind of full-category registration is not a real intellectual property system construction, on the contrary, it reflects the applicant's long-term development and operation direction is vague, and the last resort is to cast a net trademark registration. This method can indeed temporarily prevent others from applying for the same or similar trademark when it is not clear about its own development direction, but what is the actual effect?
If the 1. "Hello, Li Huanying" defensive trademark registration is not actually used, the trademark will face the risk that anyone has the right to apply for cancellation.
The whole category registration of Beijing culture is defensive in nature. In the face of 45 categories of goods and services and the specific goods and services they point to, the parts related to their own business are very limited, which indicates that a large number of trademarks cannot be actually used. According to Article 49 of the "Trademark Law", if a registered trademark is not used for three consecutive years without a valid reason, any unit or individual may apply to the Trademark Office to cancel the registered trademark." Such trademarks are likely to be annihilated by any legal subject and re-entered the scope of public resources, and this defense will eventually become a hypothetical defense. Unless the trademark owner actually uses the registered trademark in 45 categories, which is quite difficult for any company.
2. "Hello, Li Huanying" trademark is waiting for words, can its commercial value be realized through the transfer of the trademark?
If a third party wants to use the trademark on a certain type of goods or services, the trademark owner can obtain the proceeds of the transfer through the trademark transfer. Judging from the call and meaning of the "Hello, Li Huanying" trademark, what is the category that can actually generate commercial value? I am afraid it is not clear at the time of application. The film mentioned "victory chemical plant", whether it can be used for chemical products trademark, it is not impossible. However, in terms of the meaning of the trademark, it is not known whether anyone will really choose the trademark for chemical products.
Further analysis, if someone really wants to use the trademark, what is its commercial value? Let's analyze the text composition of the trademark "Hello, Li Huanying", "Hello" as a daily term is not significant, and the trademark may eventually be called "Li Huanying" brand a product (service) if it is actually used. However, from the perspective of the name of "Li Huanying", its own significance is still not strong. If we consider the factor of the repeated name of household registration, it is assumed that someone really uses the real name of "Li Huanying. According to Article 101 of the Civil Code, "natural persons have the right to name and have the right to decide, use, change or permit others to use their own names in accordance with the law". At this time, how to solve the conflict between trademark right and name right license? What is the commercial value of a trademark that is not significant and easy to be circumvented? It is not difficult to make a judgment.
3. "Hello, Li Huanying" trademark can prohibit others from using and get compensation for infringement losses?
Assuming that the trademark "Hello, Li Huanying" of Beijing Culture has been infringed by a third party, but it has not been actually used commercially, according to Article 64 of the Trademark Law, "if the owner of the exclusive right to use the registered trademark cannot prove that he has actually used the registered trademark in the previous three years, nor can he prove that he has suffered other losses as a result of the infringement, the alleged infringer shall not be liable for compensation." As a result, the trademark owner cannot obtain compensation to realize its trademark value. The essence of a trademark lies in the distinction between the source of goods and services, and if the trademark owner himself does not use it for specific goods or services, there is no basic fact of confusing the source of goods and services, and at the same time, it shows that the trademark owner has no loss and cannot be supported by the court for compensation.
From this point of view, the application, use, protection and operation of intellectual property rights is of course a system construction issue. If we only apply for full-category trademark registration for the purpose of preliminary protection, there is nothing wrong with it. However, if you want intellectual property rights to promote the listing of enterprises or listed companies to maintain their sustainable competitiveness, it is not a simple application for registration process, but must carry out the necessary professional legal service process such as preliminary planning, implementation analysis, purpose screening, system construction, adjustment and improvement, etc. Furthermore, considering that intellectual property rights are extremely rich in content, enterprises have different emphasis on patents, trademarks, copyrights, computer software, trade secrets and so on at different stages, therefore, the construction of the intellectual property system is a long-term dynamic process, but the use of the ingenious, will support the steady and far-reaching continuous development of the enterprise.
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