If it belongs to malicious cybersquatting, we need to consider whether it infringes the prior rights of others to cybersquatting and whether it hoards trademarks for non-use purposes. Details
Recently, Shandong? Brother Lamian Noodles? Cheng was sought after on the Internet because of his simple image. He sold a bowl of Lamian Noodles for 3 yuan for 15 years. When asked why he didn't raise the price, he replied:? All the people who come to eat noodles are ordinary people. I also came from poor days. Knowing their difficulties, some people can't afford to eat when they rise to five or six yuan. ?
After he became popular on the Internet, his troubles soon came. Now, dozens and hundreds of people go to his booth to watch the live broadcast every day. Some of the anchors' words and deeds are still vulgar. These people's onlookers have disrupted his normal life. He has repeatedly expressed his hope to live as before, but these people don't listen and the onlookers continue.
at the end of February? Brother Lamian Noodles? This trademark was applied for registration by a catering company in Shandong and a natural person Zhang. The international classification is 41 categories of education and entertainment and 35 categories of advertising sales. The trademark registration status is under review.
Internet buzzwords and celebrities already contain some information content that is well known to the public, and naturally have strong communication. After being linked with a specific business activity, they can quickly enhance the popularity of businesses and get good publicity results without much cost. But can the behavior of rubbing heat and grabbing trademarks be supported and recognized by law?
according to the relevant provisions of articles 3 and 31 of the trademark law, when applying for a registered trademark, it is not allowed to be the same as or similar to the trademark that others applied for, examined and registered first, that is to say, it follows the principle of precedence and only preliminarily examines or approves the trademark with the earlier registration time. The popularity of online hot words is very high, and they will be squatted by a swarm of bees. The success rate is touching, and only a few lucky people finally pass.
whether these companies rob to register the trademark of Lamian Noodles Brother will constitute infringement is actually a difficult question to judge. Because these three words don't have specificity, although at this time, people mentioned Brother Lamian Noodles, and thought of Cheng, but the online celebrity became popular quickly and was forgotten quickly. After a period of time, these three words may refer to someone else. On the internet? Brother Lamian Noodles? Search for keywords, and you will find that there have been before? Chengdu enchanting Lamian Noodles elder brother? 、? Brother Lamian Noodles of Huanglongxi? Reports like that.
if he wants to apply for the withdrawal of a trademark that has already taken effect, he has to prove that he has had a high degree of enthusiasm before the other party applies for registration.
as an enterprise, it is understandable to want to gain a higher reputation, but it must follow certain rules and laws. In fact, from the perspective of interests, it is not very cost-effective. If you want to take the risk of being accused by public opinion, the process of trademark registration application review is very long, and it is not impossible to get permission in one year. In the era of information explosion, the hot spots that people pay attention to a year later have long been different. Even if the registration is successful, what is the point?