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Double XNUMX trademark case to see whether it should be registered for double XNUMX

On July 2021, 7, the Beijing High Court held that the Trademark Law stipulates that signs lacking distinctive features cannot be registered as trademarks.Double 1 trademark registration and use in services such as "TV broadcasting, news agency", "new training, arranging and organizing conferences", and "advertising, selling for others" are easy to make the relevant public think that it is a description or description of the promotion features of services. The promotional language is difficult to play the identifying role of a trademark and lacks the distinctive features that a trademark should have. The final judgment rejected the appeal of the Trademark Office and upheld the original judgment.

Double Eleven Trademark Registration Causes

Double XNUMX trademark lawsuit history

It is understood that since 2018, Beijing Jingdong Sanbailu Shidu E-Commerce Co., Ltd. (Jingdong Company) has filed an application with the State Intellectual Property Office, requesting the Intellectual Property Office to declare the "Double Eleven" trademark invalid, involving areas including "TV broadcasting" , news agency", "training, arranging and organizing conferences" and "advertising, selling for others" and other categories.JD.com believes that "Double Eleven" is a general term to describe the characteristics of time, and the simple use of "Double Eleven" as a trademark lacks distinctiveness. The trademark registration application violates the provisions of the Trademark Law and should be declared invalid.

Alibaba believes that before the "Double Eleven" trademark application, "Double Eleven" does not belong to the general name of the large-scale shopping promotion activities widely participated by major online e-commerce, physical merchants and consumers. JD.com's reasons and The evidence is not enough to prove that "Double Eleven" lacks the distinctive features that a trademark should have.

In March 2020, the State Intellectual Property Office held that, as a trademark, "Double Eleven" has the distinctive features that a trademark should have in the above-mentioned fields, and can play a role in distinguishing the source of services, so it ruled to maintain the "Double Eleven" trademark.

Alibaba Group's "Double Eleven" trademark has been approved and registered on 35, 38 and 41 categories of goods and services. / State Intellectual Property Office official website

JD.com refused to accept it and sued the State Intellectual Property Administration to the Beijing Intellectual Property Court in May 2020.

In March 2020, the Beijing Intellectual Property Court held a first-instance judgment that the Double Eleven trademark lacked the distinctive features that a trademark should have. The ruling revokes the ruling of the State Intellectual Property Office and requires it to make a new ruling on JD.com's application.

The State Intellectual Property Administration appealed against the first-instance judgment.

On July 2021, 7, the Beijing High Court held that the Trademark Law stipulates that signs lacking distinctive features cannot be registered as trademarks.Double 1 trademark registration and use in services such as "TV broadcasting, news agency", "new training, arranging and organizing conferences", and "advertising, selling for others" are easy to make the relevant public think that it is a description or description of the promotion features of services. The promotional terms are difficult to play the identifying role of a trademark and lack the distinctive features that a trademark should have. The final judgment rejected the appeal and upheld the original judgment.

Status before Double XNUMX application

Before Ali applied for Double XNUMX, it was the Singles’ Day that everyone was used to. Single people would meet on Double XNUMX, buy things, and even quickly become couples to open a room and get rid of the single. People’s thinking habits and behavioral goals have been formed. Before and after, single people will consider issues related to consumption methods, venues, budgets, etc. This is a consumption node.

Singles Day-Baidu Search Index-米国生活

Since Ali intervened, it has applied for this consumption node as its own exclusive rights, and enlarged this consumption node according to its own consumption attributes and business operation methods, so that people's consumption plans after Double Eleven have been changed to Double Eleven. On the same day, from the various consumption possibilities, consumption places, and consumption plans that should have been in the market, we did our best to transfer from multiple platforms to one platform, and one platform was dominant.This is a smart business competition, but taking advantage of the singleness and human nature of Double Eleven has hurt the chances of single people and used this opportunity to hit other platforms.Therefore, the more affected companies stand up to deny this kind of unfair competition.

Now on Double Eleven, it's hard to think of Singles' Day. Even if there is, the voice is very small.

The value of double eleven

The value of Double Eleven itself is the value of single sexual desire and consumption. Later, it was transformed and amplified by Ali to the value of discount psychological consumption. People want to make cheap money, so they pay for it.After years of freshness, people are gradually becoming immune to the double eleven routines.I understand, the product is the product, the sales platform is the sales platform, the stimulation of the sales platform does not improve the quality of the product, everyone just expects it in an imagination, and accepts it while enduring, and in reality understands that you get what you pay for , but human nature is hard to take away.Of course, the thinking of making cheap money is still there, and the cognition of reality is also improving.

Look at the life cycle of Double Eleven through the search index:

The life cycle of Double Eleven

米国生活View

This matter has finally come to an end. With various forces and situations, this temporary (social cognition period) carnival has ended in a more appropriate way. Although the double XNUMX trademark is invalid, it will still be there. Whether it becomes a singles festival that saves fertility, we will see.

Sources for obtaining information on this Double Eleven case: upstream news, Shangguan, other views are米国生活tidy.

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