Station B’s appeal against Station A’s preemptive registration of Bilibili’s trademark was rejected. What are the circumstances in which trademark preemption is rejected according to law? AcFun and Bilibili are two barrage video websites that everyone is familiar with. There is no room for two tigers in one mountain, and two-dimensional video websites are also faced with the situation of "how to be good when they are good".
On March 7, Shanghai Huandian Information Technology Co., Ltd., which is actually controlled by Shanghai Bilibili Animation Co., Ltd., sued Beijing Danmaku Network Technology Co., Ltd. due to a dispute over Station A’s preemptive registration of Bilibili’s trademark. Beijing Serisidong Culture Communication Co., Ltd. is actually a holding company.
According to information from Tianyancha, Beijing Serisidong Culture Communication Co., Ltd., a subsidiary held by Guangzhou Danmu Network Technology Co., Ltd. 100, the operator of AcFun Video Network, on April 14, 2015 Japan applied for a trademark called "Bilibili", which is internationally classified as Class 10. The exclusive right period is from April 14, 2016 to April 13, 2026.
Data from the website of the National Trademark Department shows that the uses of the trademark applied for by Ceresidong are:
Massage equipment; vibrating massager; urinal for bedridden patients; toilet seat; Baby bottles; breast pumps; baby pacifiers; condoms; non-chemical contraceptives; sex dolls.
In the end, the court ruled that the relevant claims of the plaintiff (Shanghai Huandian Information Technology Co., Ltd.) were untenable, and this court did not support it.
What are the circumstances under which trademark squatting is rejected according to law?
Facing the situation where malicious trademark registrations are becoming increasingly large-scale and professional, the Trademark Office has sorted out and summarized typical malicious application types and related cases by optimizing the review process. During the review process, trademark applications that are deemed to have obvious subjective bad faith will be strictly reviewed and rejected proactively. Specifically, the following four situations stand out:
1. Applications that maliciously cling to other people's goodwill and rush to register higher-profile trademarks will be rejected.
2. A large number of trademark applications that preemptively register common names, industry terms, etc. with the intention of improperly occupying public resources will be rejected.
3. Malicious trademark applications that apply to register celebrity name trademarks or other people’s prior rights will be strictly reviewed and voluntarily rejected.
4. Trademark applications that are maliciously repeated or consecutively registered by the same enterprise shall be strictly reviewed and rejected with reference to previous objections and invalidation cases. Bilibili trademark trademark registration