Sun Yang Ye'S Shiwen Swimsuit "Trademark" Was Snapped Up
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In the early morning of August 1, Ye Shiwen, a 16-year-old girl from Hangzhou, once again beat the crowd in the 200m individual medley race to break the Olympic record and win her second Olympic gold medal. Sun Yang, another Hangzhou native, led his teammates to win the bronze medal in the 4 × 200 meter freestyle relay.
After the blockbuster, Ye Shiwen and Sun Yang became famous. At this time, the most secretly happy may be a flower gardening company in Sichuan and a health industry service company in Henan. Both companies applied to the State Trademark Office for the registered trademarks of "Ye Shiwen" and "Sun Yang" last year, both of which are swimwear and sportswear. Among them, the trademark "Ye Shiwen" has passed the preliminary examination on July 20 and entered the three-month announcement period. If no objection is received during the period, three months later, "Ye Shiwen" will become the registered trademark of Chengdu Home Art Company.
Ye Shiwen Tile Swimming suit Made in Chengdu?
The company applying for the registration of the trademark "Ye Shiwen" is called Chengdu Huabohui Gardening Co., Ltd. It submitted an application to the State Trademark Office on August 16 last year. The application categories are swimsuit, swimming cap, swimming pants, baby suit, bathing suit, etc.
"When we saw Ye Shiwen win the gold medal, we were also surprised. We just thought that the Homeland Art Company was too" smart ". Miss Li, who helped Chengdu Rongxin Intellectual Property Agency Co., Ltd. apply for the registration of the" Ye Shiwen "trademark, said that after they accepted the application request of the Homeland Art Company last year, they started to submit materials to the National Trademark Office, "The application process is not complicated, as long as it does not conflict with the existing trademark."
According to the data, Chengdu Huabohui Gardening Co., Ltd., registered in 2006, mainly provides indoor foliage plant rental, flower rental and landscaping services, and has no business such as swimsuits. Yesterday, the reporter dialed the phone of Chengdu Huabohui Gardening Co., Ltd., and the phone was hung up as soon as the interview intention was explained, and then the busy tone was all the time.
Miss Li said that at that time, Ye Shiwen was still a strange name in the eyes of ordinary people, so they did not understand why they wanted to register, but because Huabohui Company was their customer, they were not convenient to ask. Now, although the first trial has passed, it is not clear whether the company really intended to manufacture "Ye Shiwen" swimwear.
Judging from Ye Shiwen's award-winning achievements, she won the gold medal in the women's 200m medley final of the 14th World Swimming Championships on July 25 last year. This is the first time for a girl to participate in the world championships. Maybe at that time Ye Shiwen came into the company's vision. On August 16 of the same year, they began to apply for the registration of "Ye Shiwen". According to China Trademark Online, only Ye Shiwen has applied for celebrity trademark.
The name of Sun Yang, a young man from Hangzhou who is also the focus of the London Olympic Games, also appeared on the Chinese trademark website, and was applied by Henan Hongsheng Health Industry Service Co., Ltd. as the trademark of clothing, sportswear and swimwear. The application date was August 30 last year, and it has not yet passed the preliminary review.
Scramblers are likely to get nothing
Wang Miaoyong, director of the Regulatory Industry Division of Zhejiang Provincial Sports Bureau, was very angry when he learned that "Ye Shiwen" and "Sun Yang" were registered trademarks by foreign enterprises. He believed that "this is a malicious registration act, which violates the right of name and cannot be used for registration".
Hu Yingjing, the head of Hangzhou Maibo Intellectual Property Agency Co., Ltd., who has been engaged in trademark registration, said that Ye Shiwen and Sun Yang are now very influential public figures. Even if the trademarks of "Ye Shiwen" and "Sun Yang" are registered now, as long as they raise objections, the possibility of these two trademarks being revoked is very high.
"The public has a wrong understanding of the trademark law, thinking that as long as it is registered, its own interests will be protected, but in fact, the trademark law has very limited protection for trademark registration obligees. In terms of ranking, the interests of registered obligees are only the third, and the first two are social order (i.e. social public interests) And the interests of consumers. If the registered trademark is detrimental to the interests of the public and consumers, it will be revoked. " Hu Yingjing said.
A typical example is the trademark case of "Jacky Cheung". The founder of Gangxuan Garment Manufacturing in Chaoyang District, Guangdong Province, named Jacky Cheung, applied for the trademark of "Jacky Cheung". The Hong Kong artist Jacky Cheung raised an objection to this. The Trademark Commission of the State Administration for Industry and Commerce finally determined that Gangxuan garment making had damaged the legitimate rights and interests of Hong Kong artist Jacky Cheung, and revoked the disputed trademark.
Hu Yingjing said that many people think that registering a successful celebrity trademark is equivalent to obtaining a golden egg that can be transferred at a high price, but in fact the operability is very limited.
The staff of the Commercial and Advertising Department of Hangzhou Administration for Industry and Commerce said that at present, both individuals and enterprises can register trademarks, and there is no restriction on the business scope of enterprise registered trademarks, so flower gardening companies and health industry service companies can register trademarks of swimwear and sportswear.
To apply for a trademark, you only need to prepare enough materials, submit them to the National Trademark Office, and pay about 1000 yuan of examination fees. Even with the agency fees of the trademark registration agency, the cost will not exceed 1500 yuan.
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