Fourteen years after it was registered as a restaurant trademark, the "Pipilu" belonging to someone else finally returned to the name of the "Fairy Tale King" Zheng Yuanjie. Recently, Zheng Yuanjie officially received a written document: The National Trademark Review and Adjudication Board declared that the "Pipilu" trademark registered by a restaurant in Zhengzhou was invalid. This is also the first "Pipilu" he has got back through rights protection.

"Pipilu" was born in 1981. It is a virtual character in Zheng Yuanjie's fairy tale "Pipilu and Lu Xixi". He is known as the coolest male lead in Zheng Yuanjie's fairy tales and has accompanied many The post-1985 generation spends their childhood. So much so that after a restaurant in Zhengzhou registered "Pipilu" as a trademark in 2004, many consumers thought that the restaurant was related to Zheng Yuanjie himself. For this reason, Zheng Yuanjie thought of many ways, hoping to get this "Pipilu" back. ?

In January 2017, the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases concerning Trademark Authorization and Confirmation" was announced, stating that "for works within the copyright protection period, if the name of the work, the character in the work The name, etc. has a high reputation, and using it as a trademark on related goods may easily cause the relevant public to mistakenly believe that it has the permission of the right holder or has a specific connection with the right holder. If the party claims that it constitutes prior rights and interests, the people's court will support it. ." In February of that year, Zheng Yuanjie went to the National Trademark Review and Adjudication Board and formally submitted an application for invalidation of the "Zhengzhou Pipilu Western Restaurant" preemptive trademark. In the end, he successfully got "Pipilu" back through rights protection. ?

Zheng Yuanjie wants to get back the "Pipilu" trademark. First of all, it benefits from the judicial interpretation that clarifies in legal form for the first time the prior rights and interests of characters in literary works applying for trademarks, effectively protecting the original intellectual property rights; at the same time, more It is inseparable from Zheng Yuanjie's active rights protection. The principle of civil cases is "the people will not take action and the officials will not investigate". Even if the maliciously registered trademark infringes the intellectual property rights of the characters in the work, if the author does not stand up to claim the prior rights and interests, the relevant departments will Therefore, it is impossible to rule that the trademark is invalid. ?