On July 6, 2018, 11th China Trademark Festival- Trademark Typical Cases Review Forum was held at Yinchuan International Conference & Exhibition Center. Zang Baoqing, Deputy Secretary of China Trademark Association announced a list of 2018-2019 Excellent Trademark Cases, and Wang Yanfang, Judge of Intellectual Property Trial Division of the Supreme People’s Court of China, made an impressing comment. RUC's Preemptive Registration of School Badge Case (No. 16412029 Figurative Trademark Invalidation) represented by NTD was listed in 2018-2019 Excellent Trademark Cases.
RUC's Preemptive Registration of School Badge Case
(No. 16412029 Figurative Trademark Invalidation)
Agency: NTD Intellectual Property Attorneys
A mark can carry different kinds of rights such as the trademark right, the copyright, and the design patent right, etc. Though a mark is no longer valid as a trademark, the owner still enjoys the right and nobody can register it as a new trademark without permission. In this case, the descriptive trademark of Renmin University of China, the school badge, is invalid because it is not undergone the renewal formalities after expiry, but the distinctive expression of the pattern has become the fine art work having the copyright. Thus, if anybody registers a trademark similar to the pattern of the school badge, the trademark will be invalid because it infringes the copyright of Renmin University of China.
Attorneys: Pang Tao; Chen Jiali from the NTD