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Where Is The "Hot Words" Of The "Three Heavy Danger"?

2016/12/16 19:49:00 33

Trademark RegistrationInternet Hot WordsRegistration Application

The well-known "cock wire" is "so capricious", "I am also drunk", "little fresh meat", "blue thin letinous edodes" and so on have also appeared in the registration application.

Earlier, a company in Nanjing applied for registration of "run naked brother" was rejected. A chemical company applied for "Bai Fu Mei" finally approved.

Why is the difference between the treatment of "hot words" and "treatment" so great?

First, trademark names must be legitimate.

This means that trademark names must not violate the requirements of trademark law and other laws.

Such as

Trademark law

"The trademark logo should not be" harmful to socialist morality or other adverse effects ".

The reason why the "nude runner" is rejected is that the Trademark Office's reason is that the application of the trademark literally means "run naked little boy". It is an indecent image in the understanding of the general public in China. If it is used as a trademark, it will produce bad social influence.

By analogy, "Diao silk", "Diao silk men", "pits Daddy" and so on will be rejected because of the vulgar words, or the derogatory meaning.

And "Bai Fu Mei" was finally approved by the court ruling without negative meaning.

Seeing this, is "high rich handsome" eager to try? Precisely because of this, the determination of the meaning of hot words is very important.

As a mark of distinguishing the source, the trademark is ultimately targeted at the general public. In the process of examination, the standard of "rational man" (the person with general knowledge, experience, ability and moral standard) is the judge body.

Trademark meaning

The judgement is based on this.

Secondly, trademark names need to be significant.

Specifically, the logo is related to the specific source of goods or services when used in specific goods or services.

The trademark law stipulates that only the general name, figure and type of the commodity shall be directly registered as the quality, main raw material, function, purpose, weight, quantity and other characteristics of the commodity, as well as other signs lacking in distinguishing features, and shall not be registered as trademarks.

For example, if "small meat" is applied for registration as a meat product, it is likely to be dismissed as a description of the quality of the product.

This reminds us that the application of trademarks should be combined with specific goods or services, and the close relationship between them will not be futile.

And the Internet language like "sauce purple", "soy sauce" and "giving power" is not wrong from the meaning. But with their popularity, especially the popularity of some long Internet Language (such as "I am drunk" and "god horse is floating clouds"), the saliency of these words has also decreased. Considering the specific meaning of these words in the context of mass culture, it is still to be discussed about its adoption in specified service items.

  

Last,

Trademark application

Compliance is required.

Prior is not to conflict with the legitimate rights and interests of others.

China's trademark law stipulates that the application for a registered trademark shall not be identical with or similar to that of others in the same or similar commodity, which is initially applied for approval, and the trademark being first registered. Therefore, in accordance with the principle of prior application, the trademark may only be preliminarily approved or approved for registration.

That is to say, the first applicant is likely to pass.

For the hot words, they will be snatch by a swarm of people. The success rate is very low. Finally, only a few lucky ones are passed.

In practice, there are also cases of applying for registration as a trademark, such as the hot play, the name of the reality show, the name of the game, the name of the Internet person, and so on, which may conflict with the prior rights and interests of others.

For example, after the reality TV show was hit, there were hundreds of trademark applications that were exactly the same as "daddy went there", but most of them had been challenged except for the approval of the application of Hunan radio and television station.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.


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