According to Tianyancha APP, on April 5, Ningbo Meiqi E-Commerce Co., Ltd. and other first-instance administrative judgments in China National Intellectual Property Administration announced that the plaintiff was Ningbo Meiqi E-Commerce Co., Ltd. and the defendant was China National Intellectual Property Administration, and the cause of action was the administrative dispute over the rejection of trademark application.
the reason for the incident is that Li Jiaqi affiliated company will quote Li Jiaqi's classic quotations on April 7, 22? oh my goh! Buy it buy it? He applied for the registration of a sound trademark, but it was rejected on December 4. If the company in Li Jiaqi will? 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 taking evidence through voiceprint comparison. ?
and what kind of trademark registration application will be rejected? Trademark applications are mostly rejected for two reasons:
The first one violates the prohibitive provisions of the Trademark Law. Prohibitive provisions mainly refer to the provisions of the Trademark Law prohibiting certain marks from being registered as trademarks. Including but not limited to the names of related countries, military symbols, international organization symbols, etc.; The general name, figure, model and symbol describing the characteristics of goods or services. Violating the prohibitive provisions 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 sound trademark, which is a new and special trademark. In the law, there are also specific laws and regulations for sound trademarks. According to the newly revised Trademark Examination and Trial Standards, the definition of sound trademark refers to a trademark composed of sound itself which is used 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.
and Li Jiaqi? oh my goh! Buy it buy it? The voice trademark was rejected because the voice applied by Li Jiaqi was not a special and distinctive trademark, and could not be defined as a trademark because it did not meet the registration requirements. 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 subsequent development.