In the current era where entertainment and business intertwine, the names or stage names of celebrities not only serve as personal identifiers, but also carry significant commercial value.  However, the malicious registration of celebrity names as trademarks is a common occurrence, severely infringing on the legitimate rights of celebrities. Starting from typical cases in recent years where the name rights of actors, athletes, internet celebrities, and other public figures have been violated, this paper delves into how name rights can be safeguarded through trademark protection mechanisms. It also proposes effective strategies and preventive measures to combat unauthorized registrations, aiming to provide comprehensive guidance for the protection of celebrity name rights.

Typical Cases of Trademark Registration Violations of Celebrities' Name Rights

1.Film Star Case

G.E.M. Trademark Controversy: After G.E.M. (real name: Deng Shiying) terminated her contract with HUMMINGBIRD MUSIC LIMITED, she discovered that the trademarks "G.E.M." and "Deng Ziqi" had been registered by HUMMINGBIRD MUSIC LIMITED.  This case sparked public debate on the boundaries between celebrity name rights and trademark rights. Ultimately, G.E.M. successfully protected her rights through legal means.

[Image Source: Kangxin IP Platform]

2.Sports Star Case

Michael Jordan Trademark Case: The trademark dispute between basketball superstar Michael Jordan and Chinese company Qiaodan Sports has lasted for years. Through international litigation, Jordan, despite a convoluted process, succeeded in having some disputed trademarks revoked, highlighting the importance of cross-border protection of celebrity name rights.

[Image Source: Kangxin IP Platform]

3.Internet Influencer Case

Jing Hanqing's Name Registration: Jing Hanqing, a well-known Bilibili content creator, found that his real name "Jing Hanqing," which he had used for 22 years, was registered as a trademark by another company, demanding he cease its use. This case garnered widespread attention, and Jing successfully reclaimed his name rights through legal channels.

[Image Source: Kangxin IP Platform]

How Name Rights Can Be Protected Through Trademarks and Strategies against Malicious Registration

1.Proactive Trademark Registration

Celebrities should enhance their awareness of trademark protection and register their names or stage names as trademarks early, covering relevant product or service categories to establish a robust trademark protection network. This is the most direct and effective means to prevent name registration by others.

2.Utilizing Trademark Law for Rights Protection

According to Article 32 of the Trademark Law, trademark applications shall not infringe upon the prior rights of others.  Celebrities can, based on this provision, file an opposition action with the Trademark Office or request the Trademark Review and Adjudication Board to declare the registered trademark invalid upon discovering that their names (including real names, pen names, stage names, translated names, aliases, etc.) have been hijacked. Moreover, they can pursue civil liabilities for malicious registration under relevant laws.

3.Judicial Remedies

When administrative trademark procedures do not meet the need for rights protection, celebrities can choose to file lawsuits in court to resolve disputes through judicial means. The court will make a fair ruling based on relevant laws and factual evidence to uphold the celebrities' legitimate rights.

Suggestions for Celebrities to Prevent Malicious Registration of Name Rights

1.Early Planning and Comprehensive Registration

Celebrities should begin trademark planning as soon as they achieve fame, registering not only their names or stage names but also variations that could be maliciously registered, such as phonetic or similar alternatives. They should aim to cover as many product or service categories as possible to create comprehensive protection.

2.Ongoing Monitoring and Timely Responses

Establish a trademark monitoring mechanism to regularly check Trademark Office announcements. If a malicious registration is discovered, immediate action should be taken. File opposition applications during the opposition period or request invalidation after trademark registration to ensure timely rights protection.

3.Preserving Evidence and Strengthening Legal Support

Maintain evidence of the use of their name or stage name in daily activities, such as contracts, invoices, and promotional materials for future reference. Additionally, seek assistance from professional legal teams to develop personalized rights protection strategies, enhancing efficiency and success rates in defending their rights.

4.Public Education and Brand Promotion

Use social media and public statements to raise awareness about the protection of celebrity name rights, enhancing brand visibility and reputation. In cases of malicious registration, promptly disclose the truth to garner public support and create a favorable environment for rights protection.

5.Promoting Industry Self-Regulation and Legal Improvements

Actively participate in industry associations and copyright protection organizations to promote self-regulation and legal improvements. Urge relevant departments to strengthen the crackdown on malicious trademark registrations, increasing the cost of violations and fostering a fair and healthy commercial environment.

The trademark protection of celebrity names is a complex and important issue.  By taking measures such as early layout, continuous monitoring, and strengthening legal support, celebrities can effectively prevent their names from being maliciously registered. At the same time, promoting industry self-discipline and improving regulations are also important ways to protect celebrity name rights. In the future, with the continuous improvement of intellectual property protection awareness and the increasingly perfect legal system, the trademark protection of celebrity names will be more powerful and effective. Let us together guard the starlight and contribute to the protection of celebrity name rights.