With the rapid development of the sports industry, the influence of sports stars has been expanding, and the commercial value of their names and images has skyrocketed. However, this phenomenon has also triggered the chaos of trademark squatting, especially the names of Olympic gold medal athletes have become "hot targets" for squatting. This article aims to explore the issue of sports star names being registered as trademarks, analyze the current situation of trademark squatting on the names of this year's Olympic gold medal athletes, and discuss rights protection strategies.

I. Overview of the Current Situation of Trademark Squatting on Sports Stars

In recent years, every time after the end of major international sports events, especially the Olympics, there has always been a group of "keen-smelling" trademark applicants who act quickly to apply for the names of Olympic gold medal athletes as trademarks. This phenomenon is not only happening in China but also in the United States, the European Union, and other countries and regions. According to incomplete statistics, after this year's Olympics, the names of many gold medalists, including Chinese athletes Quan Hongchan and Yang Qian, as well as foreign athletes such as American swimming star Katie Ledecky, have all been to varying degrees subjected to trademark squatting.

In China, the National Intellectual Property Administration (CNIPA) is firmly opposed to such behavior and has taken swift action. For example, in response to the squatting of trademarks on the names "Quan Hongchan" and "Yang Qian," the CNIPA not only quickly rejected the relevant applications but also imposed administrative penalties on the relevant agencies. At the same time, the Chinese Olympic Committee also issued a statement calling on all sectors of society to respect the legal rights of athletes and not to maliciously squat on trademarks.

In the United States and the European Union, although the legal system and trademark registration process are different from China, they are also facing the problem of trademark squatting on sports stars. The United States Patent and Trademark Office (USPTO) and the European Union Intellectual Property Office (EUIPO) both have corresponding opposition procedures and cancellation mechanisms to allow rights holders to fight against improper registrations.

II. Legal Analysis of Trademark Squatting Behavior

Registering the names of sports stars as trademarks essentially violates the principle of honesty and trustworthiness and is an act of improper use of others' reputation. Such behavior not only infringes on the name rights of sports stars but may also mislead consumers and damage the fair competition market order.

From a legal perspective, trademark laws in various countries generally stipulate that trademark registration should follow the principle of honesty and trustworthiness and should not harm the legitimate rights and interests of others. For example, the newly added provision in Article 4 of China's "Trademark Law" states: "Malicious trademark registration applications not for the purpose of use should be rejected." At the same time, Article 32 of the Chinese Trademark Law stipulates: "The application for trademark registration shall not infringe upon the existing prior rights of others, ...". These prior rights include the name right of others. Therefore, these two provisions provide a legal basis for combating the registration of sports celebrities' names as trademarks.

III. Rights Protection Strategies and Practical Cases

In the face of trademark squatting behavior, sports stars and their agents can adopt various rights protection strategies, including filing oppositions, applying for invalidation, and filing civil lawsuits. When claiming the prior name right, it is necessary to prove the following three points:

(1) The name has a certain degree of popularity, has established a stable correspondence with the natural person, and is recognized by the relevant public as referring to the owner of that name.

(2) The registration of the disputed trademark by others may cause harm to the right to one's name.

When considering the degree of fame of the name and the association between the designated goods or services of the disputed trademark and the field of fame of the owner of the name in specific cases, the scope of protection of the prior right to the name shall be determined. It shall be deemed as harm to the name right if someone knowingly applies to register a trademark based on the purpose of harming the interests of others.

(3) The registration application of the disputed trademark has not been authorized by the owner of the name right.

If the registrant of the disputed trademark claims that the registration application of the disputed trademark has been authorized by the owner of the name right, the burden of proof lies with the registrant to prove the fact of authorization.

The following analyzes the key elements of successful rights protection in conjunction with specific cases.

1. Filing Oppositions

When it is discovered that a trademark has been squatted and has entered the preliminary approval and published for opposition stage, the rights holder can file an opposition to the CNIPA. Taking the "Yao Ming Yi Dai" trademark case as an example, after Yao Ming found that his name had been registered as a trademark, he promptly filed an opposition application. In the end, the court determined that the trademark infringed on Yao Ming's right to his name, ruled that the opposition was established, and the trademark was declared invalid.

2. Applying for Invalidation

For registered trademarks, the rights holder can apply to the CNIPA for invalidation. Fujian Qiaodan Sports Co., Ltd. was ordered by the original Trademark Review and Adjudication Board to cancel the relevant trademarks due to the squatting of the "Jordan" trademark. This case shows that even if a trademark has been successfully registered, as long as it can be proven that there is malicious squatting behavior, it is still possible to be declared invalid.

3. Filing Civil Lawsuits

In addition to administrative avenues, rights holders can also pursue the legal responsibility of the infringer through civil litigation. In the "Yao Ming Yi Dai" trademark case, Yao Ming not only filed an opposition application but also filed a civil lawsuit. In the end, the court ruled that the defendant's infringement was established and compensated for the corresponding losses.

In the field of trademark protection, the application of big data and artificial intelligence technology has provided strong support for rights holders. The Kangxin IP platform (eservice.kangxin.com), as an industry-leading intellectual property service platform, has played an important role in trademark search, monitoring, and rights protection with its big data analysis function.

The platform relies on global trademark big data and advanced artificial intelligence algorithms to achieve the intelligent and efficient process of trademark search and monitoring. Users can not only quickly inquire about the progress of trademark applications and download official documents through the platform but also use the "image-to-image" search function for graphic trademark retrieval, greatly improving the accuracy and efficiency of the search. It provides real-time monitoring services, notifies users immediately in case of infringement, and assists users in taking corresponding measures. In addition, the platform also has a professional intellectual property team and global intellectual property protection channels to provide users with a full range of trademark protection services.

The existence of the phenomenon of trademark squatting on sports stars not only infringes on the legitimate rights and interests of the rights holders but also disrupts market order. To effectively curb this phenomenon, it is necessary to start from multiple levels such as law, administration, and technology, to improve relevant laws and regulations, increase law enforcement efforts, and promote the application of big data and artificial intelligence technology. At the same time, sports stars and their agents should also enhance their awareness of intellectual property rights and actively take rights protection measures to protect their legitimate rights and interests.

Looking forward to the future, with the continuous improvement of the global intellectual property protection system and the continuous advancement of technology, the phenomenon of trademark squatting on sports stars is expected to be fundamentally curbed.