Titanium Media Note: There is a lot of talk about the "Double Eleven" trademark dispute between Alibaba and JD.com. There are comments everywhere that "Double Eleven" is registered by Alibaba and cannot be used by other e-commerce companies such as JD.com, or Saying that Alibaba cannot or should not register and own the "Double Eleven" trademark. What is right and wrong? Let’s take a look at the detailed analysis by the author of TMTpost’s trademark research.

I looked at the current online comments and there are probably several opinions:

One He said: There are rumors that Alibaba has registered for "Double Eleven" and "Tmall has blocked JD.com in the media. It is definitely a long-planned move to kill JD.com in one fell swoop as Double Eleven is approaching. Some netizens commented: JD.com How pitiful, Tmall feels so awkward?

Second, the "Double 11" trademark cannot be registered. It is a word that can be used by everyone and cannot be used exclusively as a trademark. People in the property rights industry also spread rumors that Alibaba registered "Double 11 Carnival" and "Double 11 Carnival", not "Double 11"!! Brother, stop spreading rumors, don't be embarrassed.

San said: Other e-commerce companies cannot use any advertising words related to the "Double Eleven" format, otherwise it will be infringement, resulting in temporary adjustments to the press conferences arranged by JD.com

And so on. Lao Gao has heard a lot of opinions. After reading most of the opinions, I found that there are many common-sense errors. Of course, there are some unique opinions in the analysis of e-commerce operations and brand strategy. It is a misunderstanding of the basic knowledge of trademarks.

1. It is true that Alibaba has registered the "Double Eleven" trademark, and it has indeed been successfully registered and obtained the trademark rights.

The rumor that the "Double Eleven" trademark cannot be registered is definitely wrong. Please look at the trademarks registered by Alibaba:

As you can see, Alibaba has registered: Double Eleven and Double Eleven Carnival. , Double 11 Online Shopping Carnival, Double 11 Online Shopping Carnival, and Double 11 Online Shopping Carnival are registered in categories 35, 38, and 41 respectively.

Among the trademarks of Alibaba, It can be said that the most lethal ones are several trademarks containing "Double Eleven" registered in Class 35, including No. 10136470. The designated categories mainly include: display of goods on communication media for retail purposes (3501) , Advertising (3501), business information (3502), business management assistance (3502), providing business information and advice to consumers (consumer advice agency (3502), organizing business or advertising trade fairs (3502), promoting for others (3502) 3503), computer database information classification (3506), accounting (3507), and seeking sponsorship (3508). Although there is some controversy in the trademark law community about whether the 35th category of services can fully cover commercial retail services, it is not enough to prevent Alibaba from claiming against JD.com. Registered trademark rights.

For the analysis of the content of Class 35 service goods, please refer to the article written before. You can also refer to the notes on Class 35 of the Nice Classification: This class especially includes:

Categories various goods (except shipping) for others so that they can be seen and purchased by customers; this service may be provided by retail and wholesale stores through mail-order catalogs or electronic media, such as through websites or television shopping programs;

Services of advertising units, and services of distributing brochures or samples directly or by mail; this category may involve advertisements for other services, such as bank lending or radio advertising services.

Dear readers, especially this explanation in the comments can help us understand very well.

Further inquiries revealed that Alibaba’s trademarks related to “Double Eleven” have basically been successfully registered: the trademark rights were obtained as early as the second half of 2012. After Double Eleven in 2013, I have written an article to show However, today I will show you a screenshot of the trademark website to set things straight: