According to Tianyancha APP, on April 5th, Ningbo Maggie E-Commerce Co., Ltd. and others made a first-instance administrative judgment in China National Intellectual Property Administration, announcing that the plaintiff was Ningbo Maggie E-Commerce Co., Ltd. and the defendant was China National Intellectual Property Administration, and the cause of action was trademark application to dismiss the administrative dispute.

The cause of the incident is that Li Jiaqi affiliates will quote Li Jiaqi's classic quotations on April 7, 2020? Oh, my god. Buy it. Buy it? He applied for the registration of a sound trademark, but it was rejected on February 4, 65438. What if the company in Li Jiaqi is willing? After the successful registration of the voice trademark "Oh my God, buy it, buy it", if the e-commerce platform uses his voice without the authorization of Li Jiaqi or Li Jiaqi company, the company can sue for infringement by virtue of the trademark right after obtaining evidence through voiceprint comparison. ?

And what kind of trademark registration application will be rejected? Trademark applications are rejected for two main reasons:

First, it violates the prohibitive provisions of the trademark law. Prohibitive provisions mainly refer to the provisions in the Trademark Law that prohibit certain marks from being registered as trademarks. Including but not limited to the names of relevant countries, military symbols, symbols of international organizations, etc. ; Common names, figures, models and symbols that describe the characteristics of goods or services. Violating the prohibition is also called rejecting the application for trademark registration? Absolute reason? .

Second, trademark applications that conflict with prior rights. It mainly means that the trademark applied for registration is the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods.

The trademark applied by Li Jiaqi Company belongs to the voice trademark, which is a new special trademark. Legally, there are also specific legal provisions on sound trademarks. According to the newly revised trademark examination and trial standards, the definition of sound trademark refers to the trademark composed of sound itself to distinguish the source of goods or services. A sound trademark can be composed of musical sounds (such as a piece of music), non-musical sounds (such as natural sounds, human or animal sounds) or both musical and non-musical sounds.

What about Li Jiaqi? Oh, my god. Buy it. Buy it? The voice trademark was rejected because the voice applied by Li Jiaqi was not a special and distinctive trademark, which did not meet the registration requirements and could not be defined as a trademark. This shows that the audit mechanism of sound trademarks is very strict. Now, Li Jiaqi Company has continued to appeal, so let's pay attention to the follow-up development.