What do you think of Zheng Yuanjie s return to the Pipilu trademark?

14 years after being preemptively registered as a restaurant trademark, this "Pipiru" belonging to someone else finally returned to the name of Zheng Yuanjie, the "fairy tale king". Recently, Zheng Yuanjie officially received a written document: the State Trademark Review and Adjudication Board declared the "Pipiru" trademark preemptively registered by a restaurant in Zhengzhou invalid.

This is also the first "Pipiru" he wants to get back through rights protection means.

"Pipiru" was born in 1981 and is a virtual character in Zheng Yuanjie's fairy tale "Pipiru and Lu Xixi", known as the coolest male number one in Zheng Yuanjie's fairy tale, and has accompanied many post-85 generations to spend their childhood. So much so that in 2004, after a restaurant in Zhengzhou preemptively registered "Pipiru" as a trademark, many consumers thought that the restaurant was related to Zheng Yuanjie himself. For this reason, Zheng Yuanjie thought of a lot of ways, hoping to get back this "Pipiru".

In January 2017, the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving the Granting and Confirmation of Trademark Rights were promulgated, stating that "for a work within the term of copyright protection, if the name of the work and the name of the character in the work are well-known, and the use of the work as a trademark on the relevant goods is likely to cause the relevant public to mistakenly believe that it has obtained the permission of the right holder or has a specific connection with the right holder, and the party claims that it constitutes prior rights and interests, the people's court shall support it." In February of that year, Zheng Yuanjie went to the State Trademark Review and Adjudication Board and formally submitted an application for invalidation of the preemptively registered trademark of "Zhengzhou Pipilu West Restaurant". In the end, he succeeded in getting back "Pipiru" through rights protection.

Zheng Yuanjie wanted to return the "Pipiru" trademark, first of all, thanks to the judicial interpretation for the first time in legal form to clarify the prior rights and interests of characters in literary works to apply for trademarks, effectively protecting original intellectual property rights; At the same time, it is inseparable from Zheng Yuanjie's active rights protection, and the principle of civil cases is that "the people do not prosecute, and the officials do not prosecute", even if the trademark registered in bad faith infringes the intellectual property rights of the character of the work, if the author does not stand up to assert the prior rights and interests, the relevant authorities will not be able to rule that the trademark is invalid.

Pipiru is a virtual character who appeared in Zheng Yuanjie's fairy tale "Pipiru and Luxixi", and has formed a copyright from the beginning of the creation of the fairy tale, and has established a one-to-one correspondence relationship with it after long-term publicity.

Therefore, strictly speaking, it cannot be said that the Pipilu trademark is returned, but the invalidation of the Pipilu trademark is established, and then Zheng Yuanjie can register a Pipiru trademark, or if it is not registered, others will not be able to register it.

Zheng Yuanjie won the lawsuit!

Zheng Yuanjie is a famous fairy tale king in my country, and his fairy tales have accompanied many people's childhood. However, the names of the characters that children are familiar with and love, without any notice, were registered as trademarks by others, infringing on the rights and interests of Teacher Zheng Yuanjie, and making him deeply hurt. So much so that in order to defend his rights, he stopped publishing for a while, because such malice made him unable to create.

"Pipiru" was registered as a trademark for pork skin

Zheng Yuanjie began her literary creation at the age of 22, and then she was out of control and created countless classic fairy tales. Pipiru is one of the fairy tale characters written by Zheng Yuanjie, such as "Pipiru Mobilization", "Pipiru and the 419 Deadly Sins", "Pipiru Sends You 100 Lives" and so on, which are unprecedentedly loved by children, and the sales volume was once as high as 300 million. Seeing the unprecedented popularity of the name Pipiru, a food factory went to the local agency to register the trademark, and it was approved.

Zheng Yuanjie has defended her rights for more than ten years

When Zheng Yuanjie found out about this incident, she immediately found the relevant agency and raised her own question, demanding that the other party's trademark right be cancelled. However, because people's awareness of trademark infringement was not strong at that time, they believed that "Pipiru", which sells food, and "Pipiru", which sells food, and "Pipiru" in fairy tales, are two things that are not related, and they do not affect each other at all, and the matter will not be resolved. As the state attaches more and more importance to intellectual property rights, Zheng Yuanjie once again filed for cancellation of the other party's trademark rights, so after an application, an appeal, and a final judgment, thirteen years have passed.

The end result?

Happily, the court finally ruled that Zheng's trademark was invalid. This result made him wait for more than ten years, so he also felt the difficulty of defending his rights. And what made him feel even more helpless was that he still had more than 600 infringing trademarks to defend his rights. <>

In the end, he succeeded in defending his rights, and this incident also reflects that we should improve the protection of other people's intellectual property rights.

In the end, the rights were successfully defended, and the trademark was ruled invalid, and it was not easy to defend the rights for 13 years.

The final result was that Zheng Yuanjie successfully defended his rights, and although a lot of time and energy was spent during this rights protection period, the result was good.