Malicious squatting was rejected-Protecting the legitimate rights and interests of Olympic athletes and promoting the long-term development of Chinese sports
The Tokyo Olympics has come to an end, but the aftermath of the Olympics is still there. Recently, the behavior of trademark cybersquatting with the names of Olympic champions Quan Hongchan, Yang Qian, Chen Meng, etc. has aroused great social concern.
According to the search, as of August 10, there have been more than 20 trademark applications under the name “Quan Hongchan”, and more than 40 trademark applications have been registered with the same name as the men’s 200m individual medley champion “Wang Shun”. There are more than a dozen types of registration applications for the first Olympic gold and Chinese shooting athlete Yang Qian with the same name. It is worth noting that these registration applications are basically filed during the Olympics, and the trademark registration covers a wide range, and the purpose of malicious squatting is very clear.
In this regard, the Chinese Olympic Committee issued a document clearly reminding that the name of Olympic athletes must not be used to maliciously register trademarks, and the guardians of athletes and minor athletes have the right to pursue the legal responsibility of related infringers in accordance with the law. At the same time, the State Intellectual Property Office also responded quickly, condemning the malicious squatting of the names of Olympic athletes, and in accordance with the provisions of Article 10, Paragraph 1, Item (8) of the Trademark Law, the 109 trademark registration applications (including one label and multiple categories) including “Yang Qian”, “Chen Meng” No. 58108579, and “Quan Hongchan” No. 58265645 were quickly rejected.
The news that malicious cybersquatting was rejected is indeed very pleasing, and it is not uncommon to use the names of sports stars to register trademarks in the past. Searching on the Chinese trademark online, you can see that names such as “Ronaldo”, “Yao Ming”, “Messi” and “Mbappe” have been registered in large numbers, and the number of searches with similar words or homophonic sounds is larger.
In 2020, the eight-year dispute over the “Jordan” trademark has come to a conclusion. The trademark No. 6020578 of “Jordan + graphics” on Jordan Sports‘ 25th category of clothing, shoes, hats and socks has been withdrawn. In the previous year, Mo Yan, the winner of China’s Nobel Prize in Literature, also won his own name and trademark lawsuit. The penalties in the Mo Yan and Jordan trademark case provide a very good reference for similar cases in China in the future. In the case of China’s Olympic champion’s malicious squatting, the whole society’s response was very uniform. Major mainstream media forwarded the announcement of the Chinese Olympic Committee. The phenomenon has been publicly criticized, and the rapid dismissal of the State Intellectual Property Office even shows the state’s high-pressure situation in combating malicious squatting of trademarks.
Some companies and individuals may not have imagined that this behavior will cause widespread concern and serious treatment in society so quickly. Just as many readers have said, “Olympic champions have worked hard for 10 years to win glory for the country, and squatting companies are full of money”, which has not been accepted in the current social environment.
With the development of China’s society and economy, trademarks are of great significance and have become an important basis for public identification information. Many commercial signs, including name rights, have increasingly greater market potential and economic value. It is precisely such practical benefits. This is an important reason for the occurrence of a large number of malicious squatting of trademarks, and sports stars have become the focus of malicious squatting.
According to relevant legal professionals, according to the “Trademark Law”, any trademark registration cannot infringe on the previous rights of others. The names of Olympic champions are their exclusive rights. In the face of such malicious cybersquatting behavior, Olympians can file a case. Disagree or request invalidation of the trademark to protect your legal rights.
The relevant national intellectual property departments are also cracking down on malicious squatting of trademarks. It is worth noting that the “People’s Court Intellectual Property Judicial Protection Plan (2021-2025)” issued by the Supreme People’s Court in April 2021 also clearly proposes to strengthen the protection of commercial signs. , Intensify the crackdown on malicious cybersquatting, and maintain market stability.
It is believed that in the face of national laws and regulations, the malicious squatting of trademarks of Olympic champions such as Quan Hongchan, Yang Qian, and Chen Meng will be stopped in accordance with laws and regulations.
For China’s sports industry, it is of great significance to protect the “Quan Hongchan”. As stated in the world sports hot topics previously reported by this newspaper, his portrait rights gains in the Messi transfer Exceeding its wage income, such a phenomenon is a manifestation of the high maturity of the sports industry, and it is also the result of great emphasis on intellectual property rights.
As we all know, sports stars such as world champions and Olympic champions are themselves the core resources of the sports industry, the jewel in the crown, and the upstream resources of the sports industry biological chain. The event performance industry and industrial manufacturing around sports stars are the value of the sports industry. The largest part produced.
China’s sports industry is moving towards the goal of five trillion yuan. The commercial value of Olympic champions is extremely important. Protecting the legal rights of the “Quan Hongchan” and protecting the legal rights of Chinese sports are the foundation for safeguarding the development of China’s sports industry. This time the Olympic champion trademark rights protection also reflects from one aspect the progress of social legal awareness and legal construction, as well as the huge space for the future development of the sports industry. (Reposted from the 01 edition of China Sports Daily on August 20)