In the past two months, the TV series with the highest degree of popularity has been "Rapids".
This play hit the first shot in the 2023 TV series market, and the effect was average at the beginning. With the development of the plot, the play, as its name suggests, began to "go wild" all the way. This naturally attracts the attention of trademark registrants.
Through inquiry, it was found that a total of 119 trademarks containing "Kuang Biao" were applied for.
In addition, "Gao Qiqiang", the leading actor of the TV series, was also used to apply for trademark. A total of 17 pieces were found.
Only one month later, the "Gao Qiqiang" trademark was rejected
The screenshot circulated on the Internet shows that the suspected trademark of Gao Qiqiang, which was first applied for, has been rejected.
The reasons for rejection are as follows: "Gao Qiqiang" is the main role in the anti-mafia and anti-evil TV drama "Rapids". As the leader of the underworld, his application for registration as a trademark is likely to have adverse social impact and cannot be used as a trademark.
So will Gao Qiqiang's famous scene, "Lao Mo, I want to eat fish", have a negative impact?
Will Gao Qiqiang's first love, the sister-in-law of the underworld "Chen Shuting", also have a negative impact?
Maybe they will eventually be rejected.
According to the Trademark Law of China, signs harmful to socialist morality or having other adverse effects shall not be used as trademarks.
Among them, "adverse effects" have become the main stumbling block on the way of trademark registration, thus impeding trademark registration.
Trademark registration exclusion zone: What are the "adverse effects"?
The adverse effect in the restricted area of trademark registration refers to that the words, graphics or other constituent elements of the sign have derogatory meaning, or that the sign itself is used as a trademark without derogatory meaning, which is likely to have a negative and negative impact on China's political, economic, cultural, religious, ethnic and other social and public interests and public order.
The use of an unregistered trademark under any of the following circumstances shall be considered as other adverse effects under the Trademark Law:
（1） Those endangering national security and national unity;
（2） Damage to national sovereignty, dignity and image;
（3） Harmful to national or racial dignity or feelings;
（4） Harmful to religious belief, religious sentiment or folk belief;
（5） Those with the same or similar names as terrorist organizations or cult organizations;
（6） It is the same or similar to the unique name of public emergency;
（7） The trademark or its constituent elements are the same or similar to the names and portraits of political, economic, cultural, religious, ethnic and other public figures, and have a negative and negative impact on social public interests and public order;
（8） Other negative and negative impacts on public interests and public order.
To judge whether a trademark has a negative impact, we should mainly look at whether the meaning of a trademark has a negative meaning, and the meaning of a trademark will change with the development of society. Although some words previously belonged to commendatory words or neutral words, their meanings may change with the development of society and the change of environment, thus having certain negative meanings.
For example, "white, rich and beautiful" in most cases refers to "women with fair skin color, strong economic strength, beautiful appearance, good figure and good temperament", which is a commendatory term. However, the word is sometimes used as an irony, with a certain derogatory and ironic meaning. Therefore, in the examination of the Trademark Office of the China National Intellectual Property Administration and the commercial evaluation committee, it is likely to be rejected as having adverse effects.
Therefore, enterprises should be more cautious when choosing trademarks, actively avoid some words with low style and easy to produce ambiguity, and choose words with originality and positive meaning to avoid the risk of trademark rejection.
Note: The pictures and texts come from the network. If you have any valuable suggestions, please contact us at any time to revise and update!
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