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Administrative Disputes of Jinguizi Trademark

Liu Chunyan, the hostess of a famous Chinese TV progress Windmill, requested a trademark invalidation with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (the commerce) after knowing that a Nanjing-based education institute registered Jinguizi as its trademark. The commerce ruled that the trademark was invalid in September, 2018. However, the registrant Ms. Li disagree with the result and filed an administrative lawsuit with Beijing Intellectual Property Court (the court).

 

The case was heard in the court and was attended by both the plaintiff Ms. Li and the third party, Liu Chunyan on April 17.

 

Ms. Li applied to register the trademark, Jinguizi, and intended to use it in educational and training services. She holds that firstly, Jinguizi (scarab beetle) is just a name of the character rather than a stage name. Secondly, Jingguizi also means scarab beetle in Chinese. Thirdly, although Liu Chunyan used to be a well-known hostess, now that things are different.

 

Liu Chunyan filed an invalidation request on the grounds that the trademark infringed on its right of name.

 

National Intellectual Property Adminsitration argues that Jinguizi is indeed a stage name, which can be proved by the evidence Liu Chunyan submitted and the name Jinguizi remind people of Liu Chunyan. In addition, Ms. Li applied to register the trademark without authorization is unlikely to be a coincidence, instead, by choosing the name Jinguizi, Ms. Li may aim to higher profit. Therefore, the trademark may cause public confusion. In this sense, Ms. Li violates Liu Chunyan’s right of name.

 

No judgement has been announced for the moment and the case is still under investigation.

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