Recently, lawyer Zhang Hong Lawyer Xu Jin of Beijing Janlea Law Firm represented the “Yaoming Era” trademark opposition administrative litigation case, which was concluded at Beijing Higher People’s Court. According to the laws, trademark “Yaoming Era” was not approved for registration.
After the trial, the Court gave the following ruling: The opposed trademark “Yaoming Era” covered the name “Yao Ming” completely. Its use on products such clothes would easily cause the relevant public to connect the opposed trademark to Yao Ming himself, leading to a misconception of the production and marketing body of the products associated with the opposed trademark. Therefore, the opposed trademark constituted the situation described in article 10 paragraph 1 item 7 of the Trademark Law, that “trademarks used for sensationalizing publicity and deception shall not be approved”. The opposed trademark was not approved for registration.
Up to now, with the commission of the famous basketball player, Mr. Yao Ming, our firm successfully prevented the registration of the trademark “Yaoming Era” made in bad faith, through trademark opposition, trademark opposition review and trademark administrative litigation. We also prevented the unlawful manufacturer’s use of the trademark through civil litigation on infringement and unfair competition, helping Yao Ming obtain the complete and thorough success in the “Yaoming Era” trademark right protection case.
The “Yaoming Era” series of cases involved trademark opposition, opposition review, administrative litigation, civil infringement, unfair competition and all other aspects of the right protection for public figures. With the help of Yao’s team, lawyers of our firm accomplished a large amount of groundbreaking work. The successful representation of “Yaoming Era” case series was another important example of cases represented by our firm in which the lawful rights of public figures receive complete protection. It particularly showcased the ability of our firm to handle difficult, complex, and socially influential cases.