It is understood that well-known universities such as Tsinghua University and Zhejiang University have applied for various registered trademarks, and well-known brands such as "Tsinghua" and "Zhejiang University" have become registered trademarks of universities through examination, which is an important step for universities to protect intellectual property rights. Relevant persons pointed out that those commercial activities in the name of colleges and universities not only confuse consumers' sight, but also disrupt the market order and damage the interests and reputation of colleges and universities.
According to the provisions of the Trademark Law, China implements the principle of registration in trademark confirmation. To obtain the trademark right, it is necessary to apply to the Trademark Office for trademark registration, and the Trademark Office will examine the trademark applied for registration, including the examination of the distinctive features of the trademark, the examination of the identity (similarity) of the trademark, and the examination of the prohibition clauses of registered trademarks. Any trademark that meets the relevant provisions of the law shall be preliminarily examined and approved by the Trademark Office and announced. The Trademark Office will not accept an application for registration that does not meet the legal requirements. When applying for a registered trademark in the name of the university, colleges and universities should consider whether the name to be applied conforms to the relevant provisions of the Trademark Law. Some colleges and universities have encountered the situation that applying for trademarks in the name of colleges and universities is not authorized. 200 1 Nanjing University uses the school name and the current name "Central University". Central University, Golden University, Nanjing University, Nantah University and Nanjing University filed a total of 10 applications for registration of school name trademarks in 465, 438+0 and 42 categories. In the end, except for Central University, Central University and Central University, * * * was awarded 7 school name trademarks. Obviously, unapproved trademarks are prone to "other adverse effects" and belong to the trademark prohibition clause stipulated in Article 10 of China's Trademark Law.
If colleges and universities think that the registered trademark of the school name does not violate the provisions of the Trademark Law, they can take certain relief measures according to the provisions of the Trademark Law, such as applying to the Trademark Review and Adjudication Board for review or even bringing a lawsuit to the people's court. Sun Yat-sen University formally submitted an application to the State Trademark Office on July, 20065438 17, and applied for registration of "SUNYATSEN University" in category 4 1. After examination, the Trademark Office believes that "Sunyat-sen" in the trademark is the name of Sun Yat-sen, which is inconsistent with the name of the applicant's Sun Yat-sen University, which is likely to cause misunderstanding and adverse effects. Sun Yat-sen University refused to accept this ruling; On February 23, 2002, he applied to the Trademark Review and Adjudication Board for reexamination. After two years of investigation and deliberation by the State Trademark Review and Adjudication Board, the trademark of "SUNYATSEN University" was preliminarily approved and announced on February 23rd, 2004, and registered in March 2005.