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Should Nantah be correctly understood as Nanjing University or Nankai University?
Nantah

Nantah is short for Nanjing University.

in history, there are many universities that use the abbreviation of "Nantah". The earliest university that was abbreviated as "Nantah" was not Nanjing University. Lingnan University and Nankai University were abbreviated as "Nantah" as early as the Republic of China. At that time, Nanjing University was named National Central University, or Zhongda for short. However, since the National Central University was renamed Nanjing University in 1949, "Nanda" has gradually become the abbreviation of Nanjing University widely recognized throughout the country. After the former Lingnan University was merged into Sun Yat-sen University in 1952, it resumed its school in Hong Kong and adopted the abbreviation of "Lingnan" in the 199s. Nankai University is officially referred to as "Nankai" instead of "Nanda" (referred to as "Nankai" in the articles of association of Nankai University). [1]

Nanjing University has spared no effort to protect the abbreviation of "Nantah". In addition to the first recognition by the Ministry of Education of China, as early as 22, Nanjing University has officially obtained the registered trademark of the name of "Nantah" and has the legal abbreviation of "Nantah", which also includes "Zhongda" before its name change, "Jin Da" (Jinling University) and their. In other words, there is only one legal "Nantah", namely Nanjing University. [1]

In 214, with the publication of the articles of association of Nanjing University and Nankai University, it was clear who was referred to as "Nanda". Since the first chapter of the Constitution of Nanjing University approved by the Ministry of Education in 214, it has been clearly referred to as "Nantah", and the media took "Don't argue, Nantah will be Nanjing University in the future" as the title, which can be regarded as the end of the "nickname dispute" for many years. [1] In July 215, Nanchang University called itself "Nanda", which once again detonated this topic. In this regard, the school of Nanjing University said that it has expressed the serious concern of the school and the teachers and students to the Ministry of Education and the Jiangxi Provincial Department of Education. [1]

Chinese name

Nanjing University

English name

Nanjing University

short name

Nantah

school motto

honest and majestic, Lixue Dunxing

was founded in p>192

Location

Nanjing, Jiangsu Province, China

Category

Public University

School Type

Comprehensive School Attribute

Universities supported by the National "211 Project" and the National "985 Project".

Main award

Regional land subsidence simulation and its application-Science and Technology Progress Award of the Ministry of Education;

current president

Chen Jun

well-known alumni

Wu Jianxiong, Feng Yuanzhen, Xu Jinghua, Chen Jiayong, Bi Dexian

Competent departments

Catalogue of Chinese People * * * and Ministry of Education

1 Controversy

2 Relevant details

3 Trademark use

. In this regard, Nanjing University officials expressed serious concern, and teachers and students in the school also commented online that they could not calm down.

At 15: on July 2, 215, Nanjing University responded to the teachers and students who expressed concern through its bbs. "The school has expressed the serious concern of our school and the teachers and students to the Ministry of Education and the Jiangxi Provincial Department of Education." [2]

Details about Nantah

The Articles of Association of Nanjing University was approved by the Ministry of Education of China, while the Articles of Association of Nanchang University was approved by the Jiangxi Provincial Department of Education.

In p>21, Nanjing University registered the trademark "Nanda", while Nanchang University registered the trademark "Changda" involving many related fields and categories.

In the lyrics of Nanchang University's school song, there are words and expressions of "majestic and grand", calling themselves "Changda" instead of "Nantah".

According to the relevant personnel of Nanchang University, Nanchang University has always been known as Nanda, Changda, Jiangda and Jianggong University. [3]

Trademark use of Nantah

In July p>215, Nanchang University defined its short name as "Nantah" in its Articles of Association of Nanchang University, which caused dissatisfaction among teachers and students of Nanjing University. As a kind of business logo, the abbreviation of school name may have a good reputation behind it, but the phenomenon of conflict of school name abbreviation is more common, so it is necessary to discuss the legal problems of trademark conflict.

school name abbreviations are similar to the names of natural persons and enterprises, and do not naturally constitute trademarks. They all need to reach a certain popularity to form trademark rights. If the school does not use its school name abbreviation in publicity, and there is no trademark use of its school name abbreviation, then the school name abbreviation can be determined by the subject. However, school name abbreviations may usually be used commercially by schools. If they overlap with previous trademarks (such as other well-known school name abbreviations) and cause public confusion, they are suspected of infringing on the exclusive right of others to register trademarks. Therefore, it is necessary for schools to prevent the overlap of school names and abbreviations from causing public confusion.

so how to judge the ownership of school name abbreviation as trademark right? China's trademark law follows the principle of first come, first served, and the person who uses or applies for a registered trademark first obtains the trademark right. Even if a university does not apply for a registered trademark for its school name Jane < P >, its right to form an unregistered trademark by using it and reaching a certain influence can still be protected as a "unique name" according to the second paragraph of Article 5 of the Anti-Unfair Competition Law. Therefore, considering that the earlier time is not necessarily the time point of applying for a trademark, if the school name abbreviation is used earlier than the application time, then the time point of using and reaching a certain influence is taken as the right formation time. For example, in 21, Nanjing University applied for the registration of the "Nanda" trademark in 41 kinds of services such as education and 42 kinds of technical research. However, if the use time of the "Nanda" logo is earlier than the application time, the time when it is used and reaches a certain popularity shall prevail. Although Nanchang University has not applied for the registration of the "Nanda" trademark, if it uses the "Nanda" trademark, it can compare the prior time of the trademark according to its actual use of the trademark

.

However, it should be noted that the use of school name abbreviations may not be used by the school itself at first, but is widely recognized by the public and used by the media in reports. Then, it is a long-term controversial issue whether the trademark abbreviation or common name can be used as a trademark to obtain rights. In China's judicial practice, the trademark commonly known as "passive use" is recognized. For example, in the Geely "Land Rover" trademark case in 211, the Beijing Higher People's Court finally held that even if there was no active publicity, as long as the media or trademark holder used the Chinese word "Land Rover" when interviewed by the relevant media, it would constitute trademark use. To take a step back, even if the trademark right given to the abbreviation is not recognized as "passive use", the trademark owner can claim trademark infringement based on the confusion caused by "similar meaning" because of the persistent commercial impression that the abbreviation has a fixed connection with the original trademark.

In addition, it is worth mentioning that the overlapping phenomenon of many school name abbreviations is based on goodwill, and it is possible to allow the school name abbreviations to exist with the trademark * * * on the premise of not causing public confusion. For example, in the publicity of < P >, the school name abbreviation cannot be used alone, but other trademarks (such as the full name or logo of the school) can be used in combination to eliminate public confusion. Article 59 of China's current Trademark Law also allows the existence of a trademark with "appropriate distinguishing marks". In addition, the degree of geographical separation is also conducive to the acceptability of the trademark * * *. For example, there are three schools, namely Huazhong Normal University, East China Normal University and South China Normal University, which are located in Wuhan, Shanghai and Guangzhou, and the geographical separation of the three cities is large, which is not easy to cause public confusion. However, in the "Nantah" dispute, Nanjing University is located in Jiangsu Province, while Nanchang University is located in Jiangxi Province, and the geographical separation is not obvious. Moreover, Nanjing University

has registered the trademark of "Nantah", and its effective scope covers the whole country. Therefore, it is unlikely that the trademark of "Nantah" of Nanjing University and the name of "Nantah" of Nanchang University will exist legally. As a matter of fact, Nanjing University seems to have used Nantah much earlier than Nanchang University, and Nanchang University has another abbreviation "Changda", so its use of Nantah as the abbreviation of the school name is inevitably suspected of infringing on the goodwill of Nanjing University. [4]

Other abbreviations of Nantah

The abbreviation of Nankai University has been confirmed as Nankai (see the Charter of Nankai University approved by the Ministry of Education for details), and the abbreviation of Nantong University has always been Tongda. Nankai University and Nantong University have not involved the problems and disputes about the abbreviation of "Nantah".