Jinguizi Trademark Invalidity Administrative Disputes in Session

Dafengche

Liu Chunyan is a hostess of the CCTV (China Central Television) Children's Channel who is famous as Jinguizi (scarab beetle) in the TV program, Windmill. She requested the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (the commerce) to announce the trademark invalid after knowing that a Nanjing-based children’s learning 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 in 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. Liu Chunyan filed an invalidation request on the grounds that the trademark infringed on its right of name.

Ms. Li 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. The scope of protection should no longer cover educational and training services.

On the contrary, the defendant, National Intellectual Property Adminsitration argues that Jinguizi is indeed a stage name, which can be proved by the evidence Liu Chunyan submitted and that the name, which will remind people of Liu Chunyan, is familiar to many in the education and entertainment circle. That Ms. Li applied to register the trademark without authorization is unlikely to be a coincidence, instead, by choosing the same name, Ms. Li may aim for higher profit. Therefore, the trademark may cause public confusion. In this sense, Ms. Li violates Liu Chunyan’s right of name so that an invalidation announcement is needed.

At present, the judgment has not been pronounced yet and the case is still under investigation.

April 18, 2019

Source: Beijing Intellectual Property Court

Photo from: 6199pic.com