Does the preemptive registration of the trademark Ding Zhen infringe on Ding Zhen s rights and int

If you want to say who is the hottest Internet celebrity in 2020, it should be Ding Zhen from Litang, Sichuan. Ding Zhen's full name is Tashi Ding Zhen, a Tibetan young man born in 2000, and Ding Zhen became popular on Douyin with his wild beauty of the original ecology and clear and innocent eyes for 10 seconds. After Ding Zhen became popular, he appeared on Weibo hot searches many times, and many Internet celebrity companies threw olive branches to Ding Zhen and wanted to sign a contract with him.

Ding Zhen, a cattle herding baby, became an Internet celebrity in seconds, and it also made many companies focus on business opportunities, and they began to preemptively register the "Ding Zhen" trademark, just to use Ding Zhen's popularity to do free publicity for their own enterprises. In Tianyancha, we can see that the trademark "Ding Zhen" has been preemptively registered by many companies, including Huizhou Yibaizhong Culture Media, Beijing Wendeng Education Technology, Wuhu Ruosen Enterprise Service, etc., I will not list them one by one. The categories also involve daily chemical products, education and entertainment, as well as services.

Some of these companies were registered when Ding Zhen was not yet popular, so not all companies registered trademarks for Ding Zhen's fame, but most of them were preemptively registered for Ding Zhen's fame, which did infringe on Ding Zhen's own rights and interests. <>

Regarding the preemptive registration of Ding Zhen's trademark, the company that Ding Zhen has signed a contract also came out to respond to this matter. Zhang Xi, an executive who signed Ding Zhen's company, expressed his views on the matter, he said: "Some of Ding Zhen's trademarks were registered in 2018, and some were even earlier, and there is no problem for the company to register Ding Zhen's trademark, and we will register Ding Zhen's portrait and other portrait rights one by one in the next step, and we are already doing this thing" With official confirmation, we have to believe that they will definitely protect Ding Zhen's rights and interests, so we don't have to worry too much.

Ding Zhen and other 91 trademark registration applications were rejected, and Ding Zhen's popularity has brought certain benefits to the development of tourism. The State cultivates a group of local and rural people who are able to bring goods online, and expands the on-site marketing of local products in rural areas and the development of tourism. We should guide these internet personalities to adhere to the right guidelines and play an important role in the development of tourism, especially in the fight against poverty.

The emergence of Ding Zhen is a product of this development trend.

In the context of the rapid development of new technology, it is difficult for ordinary poverty alleviation models to adapt to social development, and Internet celebrity poverty alleviation is gradually developing in the context of the Internet. The integration of Internet resources has formed social concerns and influences; Secondly, influencers form a diversified communication advantage. Here, the professional management model should be strengthened to improve the efficiency of targeted poverty alleviation.

From the perspective of social cognition, it has won the attention of many ** and audiences through online channels, and has aroused discussions among experts and enterprises; From the perspective of social attitudes, through practical poverty alleviation measures, we have helped the vast number of poor areas to get rid of poverty, eliminated the doubts of the Qiwu audience, and achieved good results. In the process of social transformation, Internet celebrity poverty alleviation has become a bridge. Between the audience, the poor area and the new ** platform, help the three to achieve mutual benefit and win-win results.

Internet celebrity communication helps the new ** platform to get rid of the limitations of development. The success of short ** stems from the popularization and entertainment of pop culture, which is also an important reason why the Internet environment has entered the short ** forest or generation. The success of influencers lies in,The poverty alleviation policy is no longer a pending matter, but a social activity that both the audience and the farmers can participate in.

This new form of communication, which makes the content simple and audio-visual, is no longer based solely on entertainment, but consists in bringing together social forces firmly; Or it can get rid of the vulgar and interesting reading style that the audience is looking for, and thus enter a kind of upsurge of national learning and national progress.

As the recipient of content in the process of Internet celebrity communication, the audience is also the main consumer group in the process of targeted poverty alleviation, and their consumption behavior and consumption ability determine the success of Internet celebrity poverty communication。As the main consumer group of Internet celebrities, the main motivation of Internet users to choose the right consumer products based on the content of the new ** platform belongs to the category of "reasonable consumption". Not only that, the deeper motivation of Internet celebrities is to stimulate the emotional needs and patriotism of consumers, and at the same time generate shopping behaviors to increase the audience's sense of ownership, so that consumption is not only a need for life, but also a response to national policies and feelings about the country and the country.

This falls under the category of "perceptual consumption". By combining the emotional and rational needs of the people around him when shopping on the Internet platform, Wanghong Poverty Alleviation hopes to promote poverty-stricken areas to get rid of poverty faster.

It not only promotes his hometown for free, but also drives the rapid development of tourism in his hometown.

Ding Zhen's popularity has led a wave of aesthetic trends on the Internet, his innocent and wild handsomeness has made many people love, and Ding Zhen has also brought popularity to his hometown, and has also become the spokesperson of his own hometown, making his hometown rich.

Is it accidental or inevitable that Ding Zhen will be popular, we don't know that with Ding Zhen's popularity, many products have chosen Ding Zhen's cooperation in order to pursue the Internet celebrity effect, so that both of them will have income.

Two-sided influence, there are good and bad effects. Ding Zhen can drive the development of his hometown industry, but the bad thing is that Ding Zhen is blind in this aspect, so that many people follow Wang Zai's example, and some people can even want to get something for nothing. Sleepy.

The registrant violated the right of portraiture and the right of name and other personal rights stipulated in the Civil Code, which was very unfair to Ding Zhen.

The registrant violates the right to privacy by illegally using the name of another person to register a trademark, and the use of the registered trademark in the name of another person without the permission of another person violates the relevant copyright regulations, and these illegally registered trademarks seriously affect the market balance.

Clause. 1. The registrant does not have the correct content of the trademark and does not explain the exact use of the trademark.

Clause. 2. The registrant maliciously consumes others without his or her consent.

Clause. 3. There is a lot of work to be done in trademark registration, and the relevant regulations should be carefully studied before registering a trademark next time.

Theoretically,"."Ding Zhen" is not a special term and is allowed to be used for trademark registration。However, according to the Trademark Law, an application for trademark registration must not prejudice the existing prior rights of others. "Ding Zhen", as the prior name right, is enjoyed by Ding Zhen himself, and others cannot preemptively register it

At present, there are a number of registered trademarks of "Ding Zhen" in China, which are distributed in tea, condiments, pickled products, hardware and other categories. If the newly applied trademark and the existing trademark belong to different classes, they can be registered if they do not constitute similar or identical trademarks.

However, according to the Trademark Law, an application for trademark registration must not prejudice the existing prior rights of others. The trial guidelines issued by the Beijing High People's Court further pointed out that if the relevant public is likely to believe that the goods marked with a trademark have a specific connection with the natural person, such as a license, it can be deemed that the right to name has been infringed.

It can be used for trademark registration, mainly depending on the time of application for registration, and at present, with the development of the Internet, Ding Zhen belongs to a unique word and cannot apply for trademark protection.

It can be used for trademark registration, but it is not something you can register, in this case, you can only register it with the relevant party, and others are not eligible to register.

Every merchant cares about their own brand effect, and when a well-known brand is misappropriated by other brands, the legitimate rights and interests of these brands are harmed. 2020 has ended successfully, and the vast majority of the audience has their own new understanding and understanding of 2020, and the hottest idol in 2020 is Ding Zhen, a Tibetan teenager, and has brought popularity to the tourism industry in the Tibetan area of Sichuan. However, 91 trademark registration applications such as Ding Zhen were rejected by relevant personnel, which even triggered people's attention and research on trademark registration.

The reason why registered trademarks are very popular is because people's awareness of copyright and brand is gradually increasing. What's more, brand trademark registration can protect corporate culture and corporate image, and avoid illegal traders from stealing the trademarks of well-known brands and obtain maximum profits.

Trademarks and names are equally importantThe relevant personnel of the enterprise monitor the behavior of illegal traders

I always believe that the key to the success of a company is not the cultural charm of the company itself, but the brand image and brand influence created by the company on the basis of ensuring product quality. On the other hand, various large brands and enterprises that have appeared in our country, they have registered a large number of trademarks and names on the brand registration, as long as other stores use the trademarks and names that have been registered in the registration, large companies have the right to sue for the illegal acts of illegal traders. The relevant personnel of the company should strengthen market supervision, and do not have an indelible impact on the company because of illegal traders stealing the company's name.

Consumer brand awareness is growing

With the improvement of people's cultural level, people pay more and more attention to genuine goods. The vast majority of consumers would rather pay a few hundred yuan to buy goods produced by formal enterprises. This is due to the fact that people's brand awareness and copyright awareness are gradually increasing, and when people realize that the goods they buy are not genuine, consumers will file a lawsuit with the court and protect their legitimate rights and interests through the court.

Registering a trademark can prevent unscrupulous traders from stealing the trademarks of other well-known brands without people's knowledge, so as to ensure that the entire market has good development prospects and development order.

Plagiarism scandals are inevitable, but we have to have a clear conscience

Nowadays, more and more plagiarism has begun to appear in the industry, whether it is a singer plagiarizing a song published by another singer, or a company plagiarizing the brand name and trademark of another company, which can cause irregularities within the industry.

In general, the reason for the popularity of registered bananas is that people's awareness of copyright is increasing.

Registered trademarks are becoming more and more popular, indicating that people are now more and more aware of intellectual property rights, in order to prevent infringement by others, they must have their own intellectual property rights, and trademarks are the most important part of intellectual property rights.

Of course, if it's hot, a trademark means that this is a business opportunity.

Because with the trademark, your products will get everyone's attention and recognition. And the quality of the product will also be improved, so there are still great benefits.

In fact, it is not a registered trademark fire, but the meaning of this trademark, and it is actually a very common thing to use celebrities to register trademarks, because this can bring higher benefits.

According to relevant statistics, in recent years, the number of trademark applications has become larger and larger, and there will be certain blind spots in the process of trademark application, and it is precisely because of this that the probability of rejection is increasing. In addition, there are many matters that need to be paid attention to in trademark applications, and many people do not have a comprehensive understanding of this area, which is also one of the reasons for rejection. It is precisely because of this that many companies will buy trademarks.

It takes about a year to apply for a trademark at the earliest before you can get the trademark certificate, and this is still without any accidents.

In addition, the examination standards are quite strict, and after a trademark is submitted to the Trademark Office, it is assigned to the examiner for examination. For reasons of personal perception, some trademarks that are passable will be rejected. After the trademark is refused, the CNIPA will give a chance to review the refusal, and the trademark can be obtained through the review.

This period will also be particularly long, and there is no guarantee that a trademark can be obtained through a refusal review.

Therefore, most companies will directly choose to buy someone else's trademark. First, get the certificate directly, as fast as 3 months. Second, there is no need to spend energy and time thinking about the name, design and other aspects of the trademark, which can effectively avoid the risks encountered in trademark registration.

Therefore, it is easy for people who hold trademarks to sit on the ground and raise prices, and if you don't buy them, someone else will always buy them, so this is one of the reasons why trademarks are highly profitable. For today's enterprises, there is no trademark can not better develop the company's brand, which is also the demand of this market, those who hold the trademark certificate are also to seize the needs of people, you just need, I just have. **How much is the trademark holder has the final say, and the brand creates value, so now the almost trademark has to be a few thousand smaller, expensive tens of thousands, hundreds of thousands, hundreds of thousands, hundreds of thousands of ......

The profit of the trademark is so high, mainly relying on popularity, I think that the registered trademark of popular celebrities will be more popular with the public.

Of course, the profitability of a trademark depends on sales, and the sales of a good trademark will be very large and very fast.