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Is "Ding Zhen" allowed to be used for trademark registration?

Theoretically, "Ding Zhen" is not a special word and is allowed to be used for trademark registration. However, according to the Trademark Law, applying for trademark registration shall not damage the existing prior rights of others. "Ding Zhen", as the prior name right, is enjoyed by Ding Zhen himself, and others cannot register it casually.

At present, there are many "Dingzhen" registered trademarks in my country, which are distributed in tea, condiments, pickled products, hardware and other categories. If the newly applied trademark and the existing trademark belong to different categories and do not constitute similar or identical trademarks, they can be registered.

However, according to the Trademark Law, applying for trademark registration shall not damage the existing prior rights of others. The trial guidelines issued by the Beijing Higher People's Court further stated that if the relevant public is likely to believe that there is a specific connection such as licensing between the goods marked with a certain trademark and the natural person, it can be deemed to have infringed the right of name.

Extended information

Ding Zhen and other 91 trademark registration applications were rejected

On February 10, the Trademark Office of the State Intellectual Property Office released on the China Trademark Network "Notice on the Legal Rejection of 13 "Ding Zhen" Trademarks" and "Notice on the Legal Rejection of 78 Trademarks including "Ding Zhen"".

According to the provisions of Article 10, Paragraph 1, Item (7) of the Trademark Law, the State Intellectual Property Office recently made a decision to reject 78 trademark registration applications including No. 52279255 "Ding Zhen".

At the same time, in accordance with the provisions of Article 4, Paragraph 1, and Article 10, Paragraph 1, Item (7) of the Trademark Law, the State Intellectual Property Office has recently processed 13 "Ding Zhen" trademarks including No. 51763155. A decision to reject the registration application was made.

The Paper - The Trademark Office of the State Intellectual Property Office rejected 91 trademark applications involving "Ding Zhen"