“It took a lot of trouble to register the name of Yao Ming’s webbing company.” Yao Ming recalled: Due to the popularity of NBA superstar Yao Ming, the Xiamen industrial and commercial department did not dare to easily approve Xiamen Yao Ming’s name application. Later, it was reported to the national It was approved by the State Administration for Industry and Commerce.
While applying for enterprise name approval, Yao Ming Ribbon also applied for the "Yao Ming" trademark to be used in Class 26. "This time is more than a year earlier than the relevant application submitted by "Team Yao" in December 2006. Moreover, we are only applying for registration of trademark categories related to ribbons, and have no intention of following others." Yao Ming emphasized.
Despite this, as the popularity of NBA superstar Yao Ming became increasingly prominent, in November 2007, the State Trademark Administration still stated that "Yao Ming is a famous basketball player in my country and has a high reputation and is not allowed to be registered." The registration application for Yao Ming's webbing was rejected.
However, Yao Ming Ribbon was not discouraged and filed a trademark rejection review application with the State Trademark Administration nearly one month later. Compared with when he first applied, Yao Ming Ribbon has a new helper this time - the Jimei District Government where his factory is located. In order to help Yao Ming's ribbons obtain the "Yao Ming" trademark, in October 2008, the Jimei District Government submitted a document to the State Administration for Industry and Commerce through the Xiamen Municipal Government, emphasizing that the "Yao Ming" trademark has gained high popularity in the ribbon industry. And has become the number one brand in the domestic webbing industry. It is hoped that the State Trademark Administration will fully consider the above special circumstances during the review and provide the enterprise with the greatest support.
In December last year, the National Trademark Commission passed the preliminary approval of the "Yao Ming" trademark review application and issued a relevant announcement on April 20 this year.
Which of the two "Yao Mings" has a chance of winning?
It is understood that if no one raises an objection within the legal period for the announcement of the "Yao Ming" trademark, Xiamen Yao Ming will get his wish. However, if someone raises an objection and the reason is valid, Xiamen Yao Ming’s registration application will be sent back to the National Trademark Commission for review. In addition, if one party is dissatisfied with the ruling of the National Trademark Commission, it can also make a final judgment through the court.
"This will be a long process, so it is still unknown when Yao Ming Ribbon can legally use the 'Yao Ming' trademark." Qiu Aimin said: However, judging from the current situation, Yao Ming Ribbon won The possibility of using the "Yao Ming" trademark is extremely high.
According to Qiu Aimin, in fact, the National Trademark Commission had already reached a conclusion when it conducted a trademark review of the "Yao Ming" trademark registration application. The conclusion stated: Although the text of the applied trademark is the same as the name of basketball star Yao Ming, the applied trademark "Yao Ming" is the applicant's own name and the name of the applicant's business name, which can prove that the applied trademark itself has a legitimate origin.
Secondly, the products designated for the "Yao Ming" trademark applied for by Yao Ming Ribbon are not products related to the sports career of basketball star Yao Ming, such as sportswear, sports shoes, etc., so it is generally not easy for consumers to use it. It is mistakenly believed that the applicant's product is a product endorsed by basketball star Yao Ming or has a close connection with the star himself, thus misleading consumers and adversely affecting the reputation of basketball star Yao Ming.
Thirdly, the "lace, rope knitting crafts, needles" and other products produced by Xiamen Yao Ming Ribbon, the ribbons, lace, shoulder pads and other products designated for use are generally auxiliary products, mostly purchased by clothing or handicraft companies. Intermediate products do not directly face the final consumer. And they are all small commodities that are not very fashionable. The star effect generally will not affect the actual purchasing behavior of consumers of such commodities.
"It doesn't matter even if Xiamen Yao Ming's registration application is sent back to the National Trademark Commission for review again, we can go through the application process again." Yao Ming, chairman of Yao Ming Ribbon, said.