“Jin Guizi” Trademark Dispute Case Trial

“Jin Guizi” Trademark Dispute Case Trial


The case of invalidation of trademark rights caused by the registration of artistic name "Jin Guizi" as a trademark was adjudicated at the first instance. Beijing Youth Daily reporter learned yesterday that the Beijing Intellectual Property Court decision rejected the plaintiff's claim.

Liu Chunyan learned in 2018 that a children's Training Institute in Nanjing registered and used her artistic name "Jin Guizi" as a trademark. She applied to the Trademark Review Committee of the former State Administration for Industry and Commerce to declare the "Jin Guizi" trademark invalid and obtain support.

Li Mou-mou, the registrant of the "Jin Guizi" trademark, disagreed and filed an administrative lawsuit with the Beijing Intellectual Property Court. The controversy in this case focuses on whether the registration of Trademarks infringes on the right of first name advocated by the third person, Liu Chunyan, concerning his artistic name "Jin Guizi".

After trial, the court held that "Jin Guizi" belongs to the name of the cartoon role played by a third person in the program, as well as its artistic name. The relationship between the two is not either one or the other. The key to judge whether the specific name can be used as the object of the protection of the right of the name exists prior is whether the relevant public can establish a stable corresponding relationship between the name and the former obligee. The evidence in the case can prove that the relevant public has established a direct relationship between "Jin Guizi" and Liu Chunyan. The "Jin Guizi" has a high reputation in the related fields of children's programs. Liu Chunyan can claim the right of name for the "Jin Guizi". The plaintiff maintains that "Jin Guizi" is only a defense of Liu Chunyan's role name in the program, not the artistic name. There is no factual basis and the court will not support it.

When applying for trademark registration, the plaintiff should be aware of the fact that the "Jin Guizi" is the artistic name of Liu Chunyan, the third person. However, the Plaintiff still registered the trademark for the relevant services with which the artistic name is well known, which damaged Liu Chunyan's right to the prior name of the "Jin Guizi".

The registration of trademark litigation damages the prior rights enjoyed by Liu Chunyan and violates the provisions of Article 32 of the Trademark Law that "the application for trademark registration shall not impair the existing prior rights of others". Beijing Intellectual Property Court rejected the plaintiff's claim in the first instance.



Source: 北京青年报

Date: August 22, 2019

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