2018 NO.49
China First Sound Trademark Case Concluded Zhengzhou Trademark Examination Cooperation Center Started Operations IPR Protection of the Team Names Involved in the Talent Show I Am The Actor IP NEWS
China First Sound Trademark Case Concluded: Beijing High Court Upheld the Registration of QQ Alert Sound
from China Intellectual Property Magazine
On 25th Oct, Beijing High Court held in forums, computer aided transmission of the final ruling that the sound trademark messages and images, providing “Tick Tick Tick Tick Tick Tick” filed by internet chat rooms, transmission of Tencent Company is distinctive, and digital files, transmission of greeting approved the registration of the QQ (an cards online, transmission of electronic instant messaging APP developed and mail” relevant with QQ. owned by Tencent Company) alert Beijing High Court upheld the judgment sound. This is also the first sound of the court of first instance. Then the trademark case throughout judicial decision of review will be remade by proceedings in China Trademark Law. Trademark Review and Adjudication In the second trial, Beijing High Court Board and the preliminary approval of ascertained that through long-term application of QQ alert sound in the continuous use, the sound “Tick Tick services of “message sending, providing Tick Tick Tick Tick” has gained trait of online forums, computer aided identifying the sources of services. It transmission of messages and images, also concurred with the court of first providing internet chatrooms, instance that the said trademark has the transmission of digital files, distinctive features required for transmission of greeting cards online, trademark registration in the services of transmission of electronic mail” will be “message sending, providing online issued accordingly.
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Zhengzhou Trademark Examination Cooperation Center Started Operations
from China Intellectual Property Magazine
trademark application for registration as well as the publicity and consultation services of trademark laws and regulations, providing guidance on the protection of the right of exclusive use of registered trademarks, coordinating and promoting the implementation of brand strategies. With the “Zhengzhou Center” putting into operation, the trademark examination efficiency is greatly increased and On 23rd Oct, Zhengzhou Trademark accordingly the examination duration Examination Cooperation Center started will be shorten, which is more operations. Following Shanghai, convenient for the applicants from the Guanghzou, Chongqing, Jinan, this is periphery of Henan and the six provinces the fifth national trademark examination of Mid-China to apply for trademark cooperation center outside Beijing. The registration. Besides, it will expedite a “Zhengzhou Center” is jointly organized working system for trademark by Henan Administration for Industry & registration, protection and application Commerce and CNIPA. Entrusted by the that serves Henan and surrounding China Trademark Office in accordance areas, and will also give a great impetus with the principle of “dual management, to the administrative resources to push local-oriented”, the Center carries out forward the rapid development of on-site acceptance and examination of trademark industries in Midwest China.
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IPR Protection of the Team Names Involved in the Talent Show I Am The Actor
Introduction
With the rising standard of living and richer spiritual and entertainment life, watching TV variety shows has become a popular pastime of many people. Meanwhile, variety shows appear the unprecedented prosperity with a wide variety of forms and contents, which causes continual IPR disputes and business disputes. This article Xiangbo ZHENG will discuss on the issues of intellectual property Trademark Attorney protection of specific character names involved in variety shows, aiming to put forward some thoughts and solutions for these issues. Mr. ZHENG is a bachelor of law and a trademark attorney. He joined Jiaquan IP Law in 2017. Case Review
Mr. ZHENG has been The popular talent show I Am The Actor got to the group engaged in the work of intellectual property agent stage recently, which is not uncommon for similar variety for domestic trademarks shows which use PK game to catch the eyes of since 2014, including trademark registration, audiences. One essential thing for each group is to have retrieval and analysis, review a resonant name. XU Zheng, a well-known Chinese actor of refusal, opposition, and one of judges in the show, even asked netizens to invalidation, non-use cancellation and replying in post their suggestions on his microblog. At last, XU took all prosecution procedures. “Spring Explosion of Lights” as his team name, while the He is skilled in providing other two judges, Zhang Ziyi and WU Xiubo, also well- protecting and planning projects of trademarks for known Chinese actress and actor, named their teams companies, giving solutions “Right about Everything” and “Anonymous Drama Club”, to the existing problems in respectively. So the question is, which Intellectual the company trademark system. Property issues would be involved in practice?
1. Which parts in variety shows can be protected by copyright?
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According to Article 2 of the composed of a few simple words, but words Regulations for the Implementation of the and phrases do not comply with the Copyright Law of the People's Republic requirement of works – they rarely have of China, originality. Simple words, without other the term "works" as referred to in the Co supporting materials, are hard to express pyright Law means intellectual creations emotions and thoughts that shall be with originality in the literary, artistic or contained in works, and this is the reason scientific domain, insofar as they can be why words usually would not be regarded reproduced in a tangible form. Answers of as a kind of works protected by the the Beijing High People’s Court to Copyright Law. Questions Concerning the Trial of Copyright Dispute Cases over Variety Programs also 3. The possibility of protecting the stated that, the mode of variety programs is merchandising right of team names. a combination of creativities, flows, rules, technical regulations, hosting styles, etc., It is possible that the popular words derived which is an idea not protected by the from the show I Am The Actor would be Copyright Law. However, the text scripts, placed on products, which may bring the stage designs, music etc. are artistic works concept of merchandising right. In practical under the protection of the Copyright Law. terms, the objects of merchandising rights Though these provisions, we could easily should include character names, real find out that the text scripts and the re- people, body language, well-known titles, enactments of classic movies and TV etc. Derived from scripts and regular programs performed by the competitors segment of programming, team names in shall be protectable under the Copyright the show I Am The Actor may be entitled to law. claim the merchandising right. Now we can imagine that some copycats or 2. Whether or not team names could be squatters may use or register a work or a protected by the Copyright Law? portion of a work as their brands or trademarks to take advantage of the well- The team names mentioned in this article known works and make their products sold could be regarded as character names in well, which will at the same time damage regular segment of programs, which shall the interests of copyright owners. The be involved in text scripts, rather than being question is, what can be done to obtain the an idea of a program mode. So, do team exclusive right of commercial use of the names, taken alone, really enjoy protection team names and prevent others from using by the Copyright Law? It can be misleading them without approval? and the reason is, team names are usually First, awareness and commercialization are
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two indispensable conditions for getting As one kind of character names participated merchandising right. Only by publicity and in variety shows, team names may not be costs plunging can character names have able to cover all situations, and the objects certain popularity and high commercial of infringements are various, which could be value, thereby obtain the exclusive right of trademarks, business names, person commercial use and prevent unlicensed names, slogans, literary and artistic works use. Take WU Xiubo's team name for recreated based on character names, etc,. example, the merchandising right is Besides, the legal basics being applied in protectable only when it is used by the resolving disputes can be different owner in dramatic performances. Protecting combination of the Copyright Law, the merchandising right of character names Trademark Law, the Anti-unfair Competition with the popularity alone is not possible. Law and other IP laws. As discussed in this Next, answers can be sought from the article, the Trademark Law can also be practices of the trial of trademark review applied to protect the merchandising right of cases. The merchandising right owner of the team names which are protected by the Chinese transliteration for Crayon Shin- Copyright Law. chan filed oppositions (based on unregistered well-known trademark) against a series of preemptive registration of Chinese trademarks grounded on bad faith and violation of the principle of honest and credit, which was supported by the Trademark Review and Adjudication Board. Also in the opposition review case and the follow on lawsuits in relation to the Chinese trademark “邦德007BOND”, the Beijing High People's Court affirmed the prior merchandising right of the famous movie character name. For the time being, for cases seeking protection for character names, the unfair practices of the squatters, such as preemptive registration of names entitled to others, and the popularity of the character names in industry, could be effective breakthroughs.
Conclusion
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