Generally speaking, unregistered names can apply for registered trademarks, so some people will use their own names to register trademarks. However, there are many people with the same name and surname. If the name matches In the case of the same celebrity, it becomes uncertain whether the name can be registered as a trademark. So can the name of a celebrity be registered as a trademark?

1. Can the name of a celebrity be registered as a trademark?

The answer is no.

Preemptive registration of a celebrity’s name as a trademark is an infringement of other people’s rights to name and reputation, and serious violations will be punished by law.

Name trademarks have the distinguishing effect of trademarks . However, using the name of a public figure as a trademark involves related issues such as whether it violates the prohibition clauses of the trademark law: whether it is easy to cause misidentification of the origin of the product, whether it is easy to have adverse effects on society, etc. Contemporary public figures cause social problems because of their words and deeds. Attention affects public opinion and produces social impact. Public figures have more social resources and bear today's social responsibilities. Of course, they will attract higher social attention and produce stronger social impact.

Yes Are celebrity names used as trademarks by squatting?

Review of contemporary public figure name trademarks

The difference between the review of this type of trademark and the review of ordinary name trademarks is that before the review, first For relevant goods or services, the applicant is required to provide a letter of authorization from the right holder and a notarization certificate from the notary public (this includes the case where the name of the applicant and a public figure are the same), and then the accuracy is determined based on whether it conflicts with the prior right. Refutation. It should be noted that the names of party and country leaders, leaders active in today's political circles, and deceased first-generation revolutionaries and politicians are not allowed to be registered as trademarks. Under market economy conditions, businesses pursue commercial profits. It is an indisputable fact, and even if such trademarks are used in good faith, they will cause harm to themselves or their descendants, have negative effects on society, and are contrary to the current relevant laws and systems.

Name Legal provisions on the right

Article 99 of the "General Principles of the Civil Law" also stipulates that citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations, and others are prohibited from interfering, misappropriating or impersonating their names.

Article 18 of the "Household Registration Regulations" stipulates that when citizens change their names, they must change their names in accordance with the following regulations: When citizens over 18 years of age need to change their names, they must apply to the household registration authority for registration change.

Name The main legal characteristics of the right are:

First, the subject of the right of name can only be a natural person, and a legal person does not enjoy the right of name. Only the written mark of the personality of a natural person is called a name, so natural persons enjoy the right of name. Legal persons The written mark of personality is a name, and what one enjoys is the right to name.

Secondly, the object of the right of name is the exclusive right of a natural person to the written mark of his or her personality. The core issue of the right of name is the exclusive right. Others are not allowed to enjoy and use it, and can only be enjoyed and used by the right holder himself. The exclusive object is the personality mark of a natural person, which not only includes the official registered name, but also includes pen names, stage names, aliases, etc.

Third, the basic obligation of the right of name is not to illegally interfere with or use other people’s names. The right of name is an absolute right and a right against the world. Except for the person who has the right of name, everyone is the subject of the obligation and has the obligation not to infringe. Obligations for the right of his name.

2. How to apply for registered trademark and what is the procedure

1. First search for the trademark. If there is no identical or similar one before, you can make one Application documents have been submitted;

2. An application acceptance notice will be issued to you about 3 months after the application is submitted (this period is called the formal review stage);

3 , after the formal review is completed, it will enter the substantive review stage, which takes about 9 months;

4. If the substantive review is passed, it will enter the announcement process (this period is 3 months, also called objection period);

5. After the announcement period expires and no one raises objections, you can get the registration certificate;

The time for the entire process to be successfully registered is generally about 14 months.

3. Preventive measures for trademark squatting

There are three tips to prevent trademark squatting:

1. When the market is not moving, trademarks come first. Before newly developed products enter the market, ensure that the rights to the trademarks used have been obtained.

2. Defensive registration: According to "one trademark for one class of goods, one application" In principle, trademarks with a certain degree of popularity can be defensively registered in similar or non-similar product categories to avoid being infringed by professional trademark speculators.

3. Strengthen trademark monitoring: Enterprises should pay close attention to the national According to the "Trademark Announcement" promulgated by the State Administration for Industry and Commerce, if an identical or similar trademark is found, an objection should be filed with the State Administration for Industry and Commerce in a timely manner; a trademark agency organization should be entrusted to conduct market tracking and monitoring and timely feedback of infringement information.

In summary , squatting on celebrities’ names as trademarks is an infringement of other people’s rights of name and reputation, and serious violations will be punished by law.