Can The Name Of A University Be Sought For Trademark Protection?

< p > a Real Estate Company in Xianghe, Hebei, used the slogan "Peking University attached middle school to be the experimental school of Ming (Jingdong)" in the affiliated university of Peking University. It was referred to the court by the high school affiliated to Peking University for infringement of trademark rights and unfair competition and false propaganda.

After hearing the court, the court supported the appeal of the Affiliated High School of Peking University, and decided that the Real Estate Company and other defendants jointly compensate their economic losses by 500 thousand yuan, and issued a statement to eliminate the impact.

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< p > University is a place for teaching and educating people, but it has to face various "brand name" behaviors in the market.

< a href= "//www.sjfzxm.com/news/index_x.asp" > Tsinghua University < /a > has won the first a href= "http://pop.sjfzxm.com/popimg/xm/index.aspx" in the Chinese universities in 2006, the well-known trademark < /a > - "Tsinghua University (Tsinghua)", which is used in "school (Education), education, training" and other service categories.

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< p > trademark is a mark used by commodity or service providers to distinguish goods or services from the goods or services they provide. Its role is to enable consumers to identify and shop.

In order to better play the role of trademark differentiation, all countries have established trademark legal system to protect trademark rights from the legal level.

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< p > there is another important reason for protecting trademark rights, that is, the improper behaviors such as "naming famous brands" in commercial society are rampant.

Although trademark is a mark, its essence lies in the goodwill hidden behind this mark, which embodies the recognition and praise of consumers and manufacturers, and the evaluation of consumers.

In the long term judicial practice, we found that "malicious rush" and "a href=" //www.sjfzxm.com/news/index_p.asp "brand name < /a > are still more common in the process of trademark registration and use, which not only damages the legitimate rights and interests of the obligee, but also affects the vital interests of consumers.

Typical cases include "Peking University champion" brand slippers, "Tsinghua little doctor" brand speakers, Fudan pure "brand" air purifier, etc.

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< p > China's trademark law thirteenth is the protection clause of well-known trademarks, stipulates the "similar protection" of unregistered well-known trademarks and the "cross class protection" of registered trademarks.

The twenty-eighth provision of the trademark law stipulates that a trademark should not be applied for registration on the same or similar commodity with the same or similar trademark registered or initially approved by others.

The premise is that the trademark sought by the obligee has been registered or preliminarily approved.

As for the "similar protection" provisions of the thirteenth unregistered well-known trademarks, although it can protect the unregistered trademarks of the obligee, on the one hand, it requires the trademark to reach the level of well-known trademarks. On the other hand, it can only give protection to similar commodities, with a high threshold and insufficient strength.

Therefore, when the right person seeks trademark protection, it is best that his related trademark has been first registered, and the higher the popularity gained after registration, the more beneficial it is to himself.

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