Current Position: Home > IP News > "Journey card" was also snapped up by the trademark?

After 0:00 on December 13, when people go out for mobility, they no longer need to show their travel cards.

微信图片_20221223065849.png

According to the announcement of "Communication Journey Card", according to the relevant requirements of the Joint Defense and Joint Control Mechanism Comprehensive Group of the State Council, the "Communication Journey Card" service will be officially offline from 0:00 on December 13, and the query channels of "Communication Journey Card" such as SMS, webpage, WeChat applet, Alipay applet, APP, etc. will be offline simultaneously.

The three major telecom suppliers all said they would delete user data

The travel card originates from the national demand for returning to work and production in early 2020.

February 2020 is a critical period for the country to promote the resumption of work and production, but "judging whether employees have visited areas with high risk" has become a problem. Many employees who have not visited areas with high risk have also been prevented from resuming work because of registered residence problems.

In order to meet the travel inspection needs of mobile personnel for the resumption of work and production, under the guidance of the Ministry of Industry and Information Technology, China Telecom, China Mobile and China Unicom took the lead in launching the SMS roaming service on February 13, 2020, providing users with free travel certification, and the prototype of "communication big data travel card" was born.

Subsequently, the Ministry of Industry and Information Technology organized China Information and Communication Research Institute, China Telecom, China Mobile and China Unicom to launch the travel card service of communication big data based on the analysis of communication big data.

微信图片_20221223065852.png

The public data shows that the communication big data travel card uses the mobile phone's "signaling data" to obtain information from the user's mobile phone's base station location, and instantly queries all the city information that I have visited in the previous 7 days.

With regard to the personal information security issues involved in travel cards, the Director of the Information and Communication Administration of the Ministry of Industry and Information Technology once said that "communication big data travel cards" do not collect user ID numbers, home addresses and other information, and strictly implement the requirements of privacy protection. Up to now, there has been no personal information leakage in the analysis of communication big data.

On January 7, 2022, the "communication travel card" service will be queried more than 25 billion times. Now, with the introduction of policies such as "20 measures for optimizing prevention and control" and "10 new measures for epidemic prevention and control", epidemic prevention and control is gradually relaxed, and the existence of travel cards is no longer necessary.

On the evening of the 12th, after the "official announcement" of the travel card was offline, the three major telecom providers involved in the travel card, China Unicom, China Telecom and China Mobile, all said that they would simultaneously delete the user's travel related data to ensure the safety of personal information according to law.

Does anyone rush to register the itinerary code as a trademark?

According to the online information, a technology company in Shanghai once applied for the registration of a "travel card" trademark. The international classification includes 39 types of transportation and storage, and the commodity services include travel guide services, air ticket booking services, navigation, etc. The trademark was rejected in March 2021.

In addition, the network information shows that in February of this year, Yixing First Materials Co., Ltd. applied to register two "journey code" trademarks. At present, the trademark status is "rejected for review", and the international classification is advertising sales and civil equipment.

微信图片_20221223065856.png

It is reported that trademark applications related to "itinerary cards" have started since the outbreak of the epidemic.

The Trademark Office of the State Intellectual Property Office released information on its official website to severely crack down on malicious trademark registration applications related to the epidemic.

Earlier, the media reported that a company had snapped up the "Li Wenliang" trademark on the day Dr. Li Wenliang died.

At the time of the epidemic, some people have dreams of becoming rich again. In addition to the rush to register the "Li Wenliang" trademark, on the day Wuhan closed the city, liquor enterprises applied to register the "closed city" trademark; The first shelter hospital in Wuhan was opened the next day, and the "shelter" trademark was also snapped up.

In addition, "Coronary", "Epidemic Map", "Whistler", "Thunder God Mountain" and "Fire God Mountain" were all applied for rush registration during the epidemic.

It is not difficult to find that squatters mainly make profits through trademark transfer or initiating infringement litigation.

As for rush registration of trademarks, the new Trademark Law, which was formally implemented last November, added the provisions that "applications for registration of malicious trademarks that are not intended for use shall be rejected" and "those who file trademark lawsuits maliciously shall be punished by the people's court according to law".

The epidemic is a public event that everyone has personally experienced in the past three years, and it has also profoundly affected people's lives.

The "communication travel card" is also a tool that played an important role, and even once became a part of public life. Now it has completed its historical mission and retired from the historical stage. However, some enterprises or individuals apply for it as a trademark, which will undoubtedly disturb the public's view and cause misunderstanding.

Such trademark application is not only difficult to pass in law, but also against public order and good customs, and the public is also difficult to accept emotionally.

The crackdown on malicious registration is increasing

In fact, as early as 2020, the Trademark Office of the State Intellectual Property Office formulated the Guidance on Examination of Epidemic Prevention and Control Related Trademarks to regulate the application of epidemic related trademarks.

It was mentioned in the rejection of trademark applications such as "Huoshen Mountain" that the registration of such names as trademarks is likely to cause significant adverse social effects.

In fact, almost every time a social hot spot occurs, there is always a trademark rush registration event.

For example, when a sports star just won the championship, his name was targeted; After a video anchor became popular, he found that the name of the live broadcast had been preempted and had to change the name

The malicious registration of trademarks not only troubles the relevant parties, but also easily causes waste of resources. Therefore, the malicious registration has always been the target of the regulatory authorities.

According to the report Analysis of Trademark Registration in the First Half of 2019 released by www.chinatrademark. com, since 2019, the Trademark Office has continued to strengthen the monitoring and crackdown on malicious rush registration and hoarding of trademarks in the review, objection, review and other links. In the second quarter, 24145 applications for unusual trademarks were rejected, accounting for about 1.2% of the number of reviews in the same period, and about 4.2% of the number of rejections in the same period.

Among them, there were 8656 cases of malicious registration (including malicious and hoarding), accounting for 36%; There were 15,489 cases of hoarding, accounting for 64%.

The report also mentioned that in the next step, we will continue to intensify the crackdown on abnormal trademark applications in accordance with the law.

The formal implementation of the newly revised Trademark Law clearly stipulates that those who apply for trademark registration maliciously shall be given administrative sanctions such as warning and fine according to the circumstances. Therefore, the Trademark Office shall not only reject the application for malicious trademark registration that is not intended for use, but may even impose administrative penalties such as warning and fine.

As far as the present is concerned, there have been strict legal provisions on malicious trademark preemption.

However, in order to put an end to the rush registration of trademarks, relevant legal personnel suggested that the practice of the United States could be used for reference. "When submitting trademark applications, in addition to the basic application materials, it is necessary to submit a manual of intent to use. If it is inconsistent with the facts, in addition to the trademark will be deemed invalid, it also needs to bear serious legal liability".

It is not uncommon to rush to register trademarks, but it is also not uncommon. Rushing to register some well-known names of people and things in public events has become a "fixed program" in major public events. The reasons are all driven by interests.

Some individuals or enterprises, regardless of whether the trademark is useful or not, and whether they have business, first occupy the relevant trademark, and then try to realize it, or even "touch porcelain" malicious complaints for profit.

We should crack down on such behaviors that challenge public order and good customs.

Note: The pictures and texts come from the network. If you have valuable suggestions, please feel free to contact us to revise and update!


One on one service for appointment experts

1