——It is important to get a localized trademark application program.
The China Industry and Commerce News reported that the developer of the game Angry Birds, ROVIO MOBILE OY (ROVIO) hasn’t yet applied for any Chinese trademark such as “愤怒的小鸟” of the trademark “ANGRY BIRDS”, but only has applied the trademark “ANGRY BIRDS” and the figure trademark of a angry birds for international extension on the No. 9、16、28、41 classifications of goods and services. Therefore, ROVIO company will face great challenges on trademark protection of “ANGRY BIRDS “in China. Bridge IP Lawyer Commentary would aware the foreign enterprises and individuals who want to apply for trademark registration in China of the following two aspects.
I. To pay attention to trademark localization
Many Chinese enterprises and individuals have applied the Chinese trademarks “愤怒的小鸟” for registration on class 9, 16, 28, 41, 43 and other classifications, while ROVIO, the owner of trademark “ANGRY BIRDS” took no step on the same trademark. Actually Chinese customers are more adaptive to Chinese trademarks and generally expressing the “ANGRY BIRDS” in Chinese as “ 愤怒的小鸟”, which may influence the popularity of trademark “ANGRY BIRDS” in China. Till now, many foreign individuals and enterprises have noticed the problem of trademark localization and applied relevant Chinese names for registration. To take the trademark “VIAGRA” as example, the trademark owner PFIZER PRODUCTS INC. (PFIZER) originally only applied the trademark “威尔钢” for registration in China, but afterwards “伟哥“, another homophonic phrase of “VIAGRA” in Chinese, got popularity in China and brought the squatting by many Chinese companies. Finally despite efforts afterwards, PFIZER still failed to apply the “伟哥“for trademark registration and are forced to adopt “万艾可”as the medicine’s local name.
II. To emphasize on applying for trademark registration on peripheral products
It is the main business model of the game developers to develop peripheral products based on the games, but the fame of the game may draw others unlicensed development of the peripheral products which may jeopardizes the interests of the trademark owner, and the unlicensed manufacture covering the toys, stationeries, clothing, pet supplies and others using the designs of birds, pigs of the Game. While, on the other hand, the application of ROVIO did not involve all the product or service classes regarding the peripheral products, therefore, the registration on the related peripheral products are essential to the trademark infringement prevention and right protection.
III. The recommended classes for game and game peripheral products
The following classes are summarized by Bridge IP Lawyer Commentary,
Game
No.9: computer software and hardware related products
No.28: entertainment products such as arcade game, PSP and other video games
No.35: advertisement, consulting and commercial sales
No.38 computer terminal communication, ISP, Email etc.
No.41 entertainment such as online game etc.
No.42 computer programming, establishment and operation of website, etc.
Peripheral products
No.16 stationary
No.25 clothing and footwear
No.28 toy
Other posts on our website:
1. The Actual Term of Trademark Registration in China
2. How to Apply for the Trademark Record in China Custom
3. How to improve the success rate of trademark registration in China?
4. Matters for Attention in Trademark Refusal Review in China
5. Introduction of China’s Legal System of Trademark Renewal
7. The Copyright Registration in China Could Be FREE?
8. China Copyright Protection Term Longer than EU’s?
9. Matters for Attention in the Patent Preliminary Injunction Application in China(I)
10. Matters for Attention in the Patent Preliminary Injunction Application in China(II)
Author: Ms. Chen Danhong
Attorney-at-law of DeBund Law Offices
Co-author: Mr. You Yunting
Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
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Bridge IP Law Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. And all news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only and are our original works. You may contact us shall you have any opinions or suggestions.
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