(By Chen Danfeng)
On dang dang, JD and other platforms there are descriptions of the book “The Traveller” published by Shanghai Translation Publishing House and its author professor Hideki Yukawa, famous physicist and the first Japanese winner of the Nobel prize.
Translatation of the information of the Original Cover:
About the Author
Hideki Yukawa (1907-1981)
He is famous Japanese physicist who was born in 1907 and studied physics at the science school of Kyoto Imperial University (now named Kyoto University). He was awarded PHD of Science by Osaka Imperial University (now named Osaka University) in 1938, started to work as professor of Kyoto Imperial University in 1939 and was given the award of the Japan Academy in the following year. He served concurrently as professor of Tokyo Imperial University (now named Tokyo University) and was awarded the Order of Culture in the following year. He went to the US as guest professor of Princeton Institute for Advanced Study in 1948 and became guest professor and professor of Columbia University in July, 1949. He was awarded the Nobel Physics Prize for creation of the meson theory and became the first Japanese winner of the Nobel prize. He died of illness in Kyoto in 1981.
No doubt that professor Hideki Yukawa is globally admired for his achievements in physics and that still have influence in today’s world.
Some media and journalists recently reported a Shenzhen based business called Hideki Yukawa that made toilet seats and covers.
Translation of Information of Shenzhen Hideki Yukawa Technology Development Co., Ltd. (Hideki Yukawa Co., Ltd.) from National Enterprise Credit Information Publicity System:
Shenzhen Hideki Yukawa Technology Development Co., Ltd. existing (active, open and on the register)
Unified social credit code: 91440300335168649J
Registration No.: 440306112539049
Legal representative: Mei Yan
Registration authority: Bao’an branch
Establishment date: April 9th, 2015
Basic information
Business license
Unified social credit code: 91440300335168649J
Business name: Shenzhen Hideki Yukawa Technology Development Co., Ltd.
Registration No. : 440306112539049
Legal representative: Mei Yan
Type: Co., Ltd. (a natural person’s proprietorship)
Establishment date: April 9th, 2015
Registered capital: RMB 10 million
Approval date: January 4th, 2019
Registration authority: Bao’an branch
Registered status: existing (active, open and on the register)
Address: Section A, F3, Building 43, Lijing New Residential Area, XixiangSubdistrict, Bao’anDistrict, Shenzhen
Business scope: General items: design, research, development, sales, advising on technology relating to instruments and equipment used for scientific experiments in physics; design, research, development, sales and domestic trade of bathroom products and accessories, electronic products, electrical appliances and accessories; import and export of goods and technologies (except items that should be registered subject to approval as set out in law, administrative rule or the State Council’s decision). Permitted items:
Note that the National Enterprise Credit Information Publicity System has changed the business license shown to the public according to the Market Entity Registration Regulations and detailed rules on its implementation and requirements of the Circular on Changing Items Shown on the Business License by the General Office of the State Administration for Market Regulation. For details, please see http://gkml.samr.gov.cn/nsjg/djzcj/202209/t20220901_349745.html
The company’s business scope on the enterprise information publicity system seems related to “physics”. Actually, its main products are intelligent toilet covers.
Anyhow, Hideki Yukawa Co., Ltd. is likely to misuse the name of professor Hideki Yukawa.
Searches for trademark registration/applications under the applicant’s name of Hideki Yukawa Co., Ltd. on the online search system of the trademark agency will show Hideki Yukawa Co., Ltd. registered the trademark “Hideki Yukawa” under class 11 in 2015 and the trademarks “Hideki Yukawa” under class 10, 11 and 12 from 2015 to 2021 (“Hideki Yukawa” trademarks).
Aside from “Hideki Yukawa” trademarks, Hideki Yukawa Co., Ltd. registered “戴维乔万诺尼 (David Giovanoni)”, “LEON SCOTT”, “DAVID GIOVANONI” and other trademarks.
Note that Baidu searches showed that LEON SCOTT was the main character of Resident Evil and GIOVANONI in DAVID GIOVANONI was a foreign name of GIOVANNI Jewellery.
| Search results showed 10 trademarks. For reference only and no legal force | |||||
| No | Application/Registration No. | International class | Application date | Trademark name | Applicant name |
| 1 | 57052160 | 10 | June 20th, 2021 | 汤川秀树(Hideki Yukawa) | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| 2 | 57051142 | 12 | June 20th, 2021 | 汤川秀树(Hideki Yukawa) | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| 3 | 54116122 | 11 | March 8th, 2021 | 戴维乔万诺尼(David Giovanoni) | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| 4 | 44063162 | 9 | February 13th, 2020 | 里昂斯科特(LEON SCOTT) | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| 5 | 44063172 | 9 | February 13th, 2020 | LEON SCOTT | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| 6 | 44066313 | 9 | February 13th, 2020 | DAVID GIOVANONI | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| 7 | 44060108 | 9 | February 13th, 2020 | 戴维乔万诺尼(David Giovanoni) | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| 8 | 35629735 | 11 | December 28th, 2018 | 汤川秀树(Hideki Yukawa) | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| 9 | 24823858 | 11 | June 20th, 2017 | HIDEKIYUKAWA | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| 10 | 16760707 | 11 | April 21st, 2015 | 汤川秀树(Hideki Yukawa) | Shenzhen Hideki Yukawa Technology Development Co., Ltd. |
| Total items:10 Page:1/1 | |||||
In a word, there is an intelligent toilet cover producer named Hideki Yukawa Co., Ltd. and registered “Hideki Yukawa” trademarks.
Someone commented on this case through We Media and said “the toilet cover producer is so reckless”.
According to the enterprise information publicity system, Hideki Yukawa Co., Ltd. is a natural person funded domestic proprietorship. Based on business information available to the public at least, Sun Qiheng, the investor in Hideki Yukawa Co., Ltd. and its legal representative “Mei Yan” are Chinese and not connected with any Japanese or Japanese business. Without considering how reckless it is, if Hideki Yukawa Co., Ltd. has no connection with or authorization granted by a Japanese or Japanese business, is it lawful for Hideki Yukawa Co., Ltd. to register Hideki Yukawa trademarks?
Suspected violation of the good faith principle
Article 7.1 of the Chinese Trademark Law provides that trademark registration applications and use should follow the good faith principle.
This is to notify that after examination we decide to reject the above trademark registration application for the following reasons pursuant to Articles 10.1(7), 10.1(8) and 30.
“Wang Feng (汪峰)” is a Chinese singer and music composer. In addition to the application hereunder, the applicant applied for registering names of famous people such as “Wang Sicong (王思聪)”, “Chen Yixun (陈奕迅)” and “Lang Xianping (郎咸平)”. It is in contrary to the good faith principle. If these registration applications are approved, these words may be confusing to the public and cause adverse effect and therefore should not be used as trademarks.
As set out in Article 34 of the Trademark Law, if the trademark applicant does not accept the rejection hereunder, the applicant can apply for re-examination to the Trademark Examination and Review Committee of the State Administration for Industry and Commerce within fifteen days from receipt of this Notice.
The trademark agency rejected trademark registration applications for “Wang Feng (汪峰)”, “Wang Sicong (王思聪)”, “Chen Yixun (陈奕迅)” and other trademarks on the ground that registration of names of famous people as trademarks violated “good faith principle violation.
Registration of names of famous people violates the good faith principle.
Without considering political “relations between China and Japan”, professor Hideki Yukawa is a globally admired physicist, the first Japanese winner of the Nobel prize and arguably a well-known person’s name, said lawyer Chen.
The acts of Hideki Yukawa Co., Ltd. registering “Hideki Yukawa” trademarks are suspected to violate the good faith principle bound by the trademark law.
Suspected violation of the trademark registration rules and adverse effect on the society
Article 10 of the Chinese Trademark Law provides that:
None of the following marks can be used as trademark: ……(8) marks that harm socialist moralities or have other bad effect.
Since 2018 the trademark agency has classified trademark hijacking and hoarding and effectively contained malicious trademark registrations that obviously harm others’ prior rights and violate the trademark registration rules such as a person filing a large number of applications for names of famous people, businesses, e-commerce businesses, etc. in the examination and review process.
The trademark agency rejected 16,000 abnormal applications at the same time on October 31st, 2018, including trademark applications that maliciously infringe others’ prior rights in names, etc.
Trademark Rejection Notice
After examination we decide to reject the above trademark application for the following reasons pursuant to Articles 7.1, 1.1 (8) and 31.
The applicant filed a large number of trademark applications with marks identical or similar to T-mall store names that might harm others’ prior rights (interests) and were obviously more than necessary to use. These applications were intended to hoard business marks, violated trademark registration rules and could adversely affect the society.
This is to notify that as set out in Article 34 of the Trademark Law, if the trademark applicant does not accept the rejection hereunder, the applicant can apply for reexamination to the Trademark Examination and Review Committee of the State Administration for Industry and Commerce within fifteen days after receipt of this Notice.
The trademark agency rejected trademark applications that were intended to maliciously hoard business marks.
Hideki Yukawa Co., Ltd that mainly produced toilet covers registered “Hideki Yukawa”, “戴维乔 万诺尼”, “LEON SCOTT”, “DAVID GIOVANONI” and other trademarks which could be found as illegal business mark hoarding, were filed in bad faith, violated trademark registration rules and could adversely affect the society.
Suspected infringement of others’ prior rights
Article 32 of the Chinese Trademark Law provides that no person may file a trademark application in a way that harm others’ prior rights or improperly register other person’s trademark in use with influence.
In the trademark application review process, the trademark application will be reviewed to see if it harms others’ prior rights, which in this case mean rights in the name of professor Hideki Yukawa.
Hideki Yukawa is a Japanese name, but also governed by Article 1012 of the Chinese Civil Code that a natural person is entitled to his/her name and to decide, use, change or grant other person a license to use his/her name without violating public policies and good customs.
Therefore, Chinese laws protect natural person’s rights in his/her name. Professor Hideki Yukawa died in 1981 over 40 years ago. In Chinese law, a name that is well-known in our society should be protected by name rights under the Civil Code.
Article 1012 of Chinese Civil Code provides that pen, stage, screen and business names, natural people’s names, translations and abbreviations of names, etc. that are well-known in our society or used by other person and confusing to the public are governed by provisions relating to a natural person’s rights in his/her name and name right protection.
The popularity of professor Hideki Yukawa should be considered when talking about whether Hideki Yukawa trademarks harm the professor’s name rights.
Will use of “Hideki Yukawa” trademarks for “toilet cover” products and registration of products of Hideki Yukawa Co., Ltd. make relevant public associate Hideki Yukawa trademarks and professor Hideki Yukawa and harm his name rights?
The answer is of course yes.
In sum, the acts of Hideki Yukawa Co., Ltd. registering “Hideki Yukawa” trademarks at least violate Articles 7.1, 10 (8) and 32, are suspected to harm the name rights of professor Hideki Yukawa, violate the good faith principle and could violate trademark registration rules and adversely affect the society.
Such acts cannot be lawful.
Lawyer Contacts
You Yunting
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