All 45 cases related to the sensational trademark of "阿京腾百" are not to be registered
（Attached: Full text of the award）
(CNIPA) issued a decision on non-registration of the trademarks "阿京腾百" No. 30850852, 30846909, 30841883, 30860940, 30860611, and 30846312. In accordance with the decision, it was decided that all the 45 "阿京腾百" trademarks applied by Meizhou Xindu Technology Industrial Co., Ltd could not be registered. The author immediately contacted the agents of JD.com, Tencent, Baidu, and Alibaba in this case to interpret the relevant content of this case. The followings are the details.
Part 1: Quick overview of the case
In 2019, once the "阿京腾百" trademark broke out, it quickly aroused heated discussions. At first glance, this trademark does not seem to be faulty. There is no previous similar trademark. It is just that the first Chinese characters of the four well-known companies, Ali, JD, Tencent and Baidu, have been cut and edited. Why can't it be registered? Therefore, a company in Meizhou filed an application for the "阿京腾百" trademark to the Trademark Office on May 11, 2018, and applied for all 45 categories.
Upon inquiries, among the 45 "阿京腾百" trademarks, the first batch of preliminary examination announcements was announced on November 20, 2018, and the second batch of preliminary review announcement time is November 27, 2018.
（Source "China Trademark Network ”）
The time for the announcement of the preliminary trial of trademarks is 3 months. Counting this down, on February 20, 2019, the first batch of "阿京腾百" trademarks will expire in the first batch, and on February 27, the second batch will also expire.
If the "阿京腾百" trademark is successfully registered and used in the market, it will seriously affect the brand image of Ali, JD, Tencent, and Baidu.
After the "阿京腾百" trademark was detected, the four giants of Tencent Technology (Shenzhen) Co., Ltd., Beijing Jingdong Sanbai Lushidu E-commerce Co., Ltd., Baidu Online Network Technology (Beijing) Co., Ltd., and Alibaba Group Holding Co., Ltd. jointly formed the "League of Legends" and entrusted Beijing Beyond Intellectual Property Agency Co., Ltd. to file an opposition application to the Trademark Office for 45 "阿京腾百" trademarks.
After receiving the entrustment, the agent set up a special working group in charge of the "阿京腾百" trademark opposition case to conduct argumentation and analysis on the dispute focus of the case, and finally submitted 45 trademark opposition applications to the Trademark Office on February 18, 2019.
（Source "China Trademark Network"）
Part 2: Effect to be caused by the rush registration of the trademark "阿京腾百"
From the professional perspective of trademark registration, although the "阿京腾百" trademark has passed the examination and entered the preliminary examination announcement, it does not mean that there is no problem with this trademark. As is known to all, Ali, JD.com, Tencent and Baidu are world-renowned companies with extremely high popularity and influence. In today’s Internet social environment, the "阿京腾百" trademark has an obvious intention to free ride by famous brands, which easily produce other undesirable effects stipulated in Article 10.1.8 of the "Trademark Law". Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases as to the Authorization and Confirmation of Trademark Rights records that where a trademark sign or its constituent elements may have a negative or negative impact on the public interest and public order of our country, the people's court may determine that it belongs to the "other adverse effects" specified in Article 10.1.8 of the Trademark Law.
In this case, the CNIPA decided that the dissidents (Ali, JD, Tencent, and Baidu) are four world-class Internet companies in my country, and “Ali,” “JD,” “Tencent,” and “Baidu” are abbreviations of the four dissenting persons and long-term trademarks used by them. The four abbreviations have a high reputation and influence. The opposed trademark is a combination of the first Chinese word of the abbreviation (trademark) of the opponent. The opponent simultaneously applied for the registration of the "阿京腾百" trademark in 45 categories of goods and services, and did not submit evidence to prove its reasonable intention to use it. Therefore, it is believed that the opposing party has the intention to use the opposing party’s market reputation improperly, and his application for registration of the opposing trademark is detrimental to the order of fair competition and is likely to have adverse social impacts. According to Article 10.1.8 and Article 35 of the Trademark Law, the disputed trademark shall be ruled not to be registered.
In the end, all the 45 trademarks involved in the "阿京腾百" trademark opposition case, which lasted one year and six months, were not approved for registration.
At present, the CNIPA does not register any acts that intentionally and improperly use the market reputation of others and harm fair competition in the market order. The result of this case fully reflects the country's continuous improvement in the protection of intellectual property rights!
第三
Part 3: What can be done in the face of malicious "famous brand"?
Trademarks are commercial signs that are attached to goods/services and enter the public domain. In addition to carrying corporate goodwill, they also consciously or unconsciously carry a certain value promotion and cultural communication function. In this case, the opposing party applied for the opposing trademark, which has obvious intention to hit the edge ball and create marketing gimmicks, and the behavior that attracts public attention is also likely to have a negative impact on public order, business culture and social morality.
Through this case, it can be seen that the CNPIA is determined to combat malicious registration of trademarks in order to safeguard the legitimate interests of the public. For any enterprise, it should establish clear brand awareness, pay attention to trademark protection, and take prompt legal measures to actively protect its rights against malicious acts of free-riding or free-riding.
Conclusion
In recent years, many people in the market have taken a different approach, piecing together some well-known trademarks through tailoring to form different brand names, such as "京淘亚马", "淘拼京" and "阿里恒大". As the commercial value of intellectual property becomes increasingly prominent, companies should further increase their awareness of intellectual property protection, integrate intellectual property protection into their daily operations and ultimately maximize the value of intellectual property. It is advised that those who are trying to "be close to famous brands" should work hard to build their own brands.
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