First of all, the registered trademarks of Tsinghua University include "Tsinghua" (traditional Chinese characters), "Tsing Hua", "Tsinghua University (traditional and simplified characters)", "Tsing Hua university", "Tsinghua University emblem" ( Graphic trademark), etc., are different in glyphs and fonts from the "Tsinghua" trademark that caused controversy in this case. But even so, the pronunciation of the two words is the same, and it is a registration similar to a registered trademark on similar goods. The application should be rejected by the Trademark Office. Although Tsinghua Kindergarten can register this name based on my country’s Trademark Registration Law, it has objectively constituted an infringement based on my country’s Trademark Law, Anti-Unfair Competition Law and other relevant provisions.

The second is the relationship between the principle of first registration and first use of trademark rights. During the course of the lawsuit, one of the defendants argued that their school started enrolling students in August 1998, earlier than the specific time when Tsinghua University registered its trademark, and it had the prior right to use the word "Tsinghua". Then we need to look back at the history of Tsinghua University. Tsinghua University was founded in 1911, and its name was "Tsinghua Academy". In the following one hundred years, the word "Tsinghua" continues to be used today. In November 1998, Tsinghua University registered the trademark "Tsinghua" (Mao font), and in October 2006, Tsinghua University registered the trademark "Tsinghua" (Simplified font). On the basis of the first-to-use and first-to-application principles, the processing is generally based on the principle of first-to-application and first-to-use. Although the kindergarten's trademark was registered before Tsinghua University's trademark, Tsinghua University met all the requirements for the prior right to use the trademark.

In addition, the public is confused as to whether the word "Tsinghua" constitutes a common name. The defendant proposed that the word "Tsinghua" is an element of Chinese traditional culture. At the same time, there are sights such as Tsinghua Town and Tsinghua Avenue all over the country. Its use is based on the extensive spread of culture in China. Tsinghua University has no right to "occupy" the word "Tsinghua". To forcefully believe that Tsinghua Kindergarten is connected to Tsinghua University is to have too much imagination. However, the author believes that although the word "Tsinghua" has profound historical accumulation and is also the embodiment of Chinese culture, based on the establishment and reputation of Tsinghua University, the word "Tsinghua" has been given a new meaning. Tsinghua University as a university The educational achievements of institutions of higher learning have been attached to the word "Tsinghua", and the two are related. "Tsinghua", as a code for Tsinghua University, has become a unique name. Using the word "Tsinghua" on the basis of knowing the existence of Tsinghua University, which is also an educational institution, constitutes trademark infringement. At the same time, Tsinghua University has indeed established Tsinghua University Jiehua Kindergarten in Haidian District, Beijing, which is referred to as the direct kindergarten affiliated to Tsinghua University. The public may easily misunderstand, that is, they may mistakenly believe that the two are closely related.