Causes and consequences of the rejection of the application for registered trademark "Macy's defeat"

2022-12-23

Core reading celebrities want to ensure that their names, portraits and other personality elements belong only to themselves and are not used as trademarks by others. The main way is to carry out trademark layout as soon as possible and be the first person to apply for trademark registration. In the case of losing the priority of trademark registration, celebrities can start from the right of personality stipulated in the Civil Code to file a lawsuit for infringement of the right of personality according to the specific situation of the trademark registrant's use of its trademark. □ After 36 years of focus, the "Pampas Eagle" has once again reached the top of the world. Sixteen years later, Messi, who has gone through the five World Cup tournaments for 16 years, at the age of 35, finally won his coveted World Cup in the eyes of fans all over the world. This is a dream ending, a coronation of a great star and a new step for Messi's already outstanding business value. The brand value of Messi has been proved for a long time. The most recent example is that on the eve of the World Cup, MGO Global, an affiliate of Messi Brand, submitted an application to the U.S. Securities Regulatory Commission for listing on NASDAQ. It is reported that if the listing is successful, the company may obtain a fully diluted market value of up to US $69 million (RMB 494 million). The commercial value of Messi can be seen. When the commercial value of Messi was in full swing, the news that Messi's previous trademark application in China was rejected spread widely. Why is this so? Did Messi lose out to the squatters? The reporter of the Rule of Law Daily interviewed many experts in intellectual property law, which restored the cause and effect of the "Macy's defeat". Messi, who failed to apply for registration, has fans all over the world. It is an indisputable fact that his jersey sales are the first in the world. "If football is a religion, then Messi is God." Some fans described Messi in their eyes. Obviously, Macy's brand appeal is beyond doubt. People are willing to pay for trademarks with commercial value. Whoever can register the "Macy" trademark is likely to become a strong player in the commercial competition. After the Argentina team led by Messi won the World Cup in Qatar, it was found that there were hundreds of applications for the "Messi" trademark in China, which was not unexpected. Trademark applications for hot spots and free rides have always been common operations. During the Qatar World Cup, on December 2, the State Intellectual Property Office issued the Notice on Cracking Down on the Registration of "World Cup", "Laib" and Other Trademarks in accordance with the Law, which rejected 26 applications for the registration of World Cup hot words, and declared one registered trademark invalid ex officio. The reporter of the Rule of Law Daily found that there are trademarks related to Messi among them. For example, "World King Messi", "Mr. Messi" and "Messi Shidai" are all on the list of rejected trademark registration applications. Their application dates are from October 2021 to November 12, 2022. The State Intellectual Property Office pointed out that a small number of enterprises and natural persons, with the purpose of seeking improper interests, made malicious trademark preemption on such hot words and signs as the "World Cup", the names of famous football stars, and the mascots of the World Cup as "LAEEB" and "Raeb", which infringed the society

Edit:sishi    Responsible editor:xingyong

Source:http://epaper.legaldaily.com.cn/fzrb/content/

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