๐ According to the Standards for Trademark Examination and Trial, the following conditions should be satisfied in order to establish the infringement of personal name: the personal name is known to the relevant public; there is potential damage to the right holder of the personal name.
โ๐ป Personal name rights are extended to autonyms, pseudonyms, stage names, bynames etc. Only someone who is still alive can enjoy such protection.
๐ฐ The most notorious case in relation to this is a case which saw the basket ball star Michael Jordan fighting the registration of ไนไธน (reading “Qiao Dan” and meaning Jordan in Chinese). Considering that the Chinese translation of the name of the famous basketball player Michael Jordan was widely used in China to refer to Michael Jordan and obtained a reputation not limited to the sporting field, the Supreme People’s Court, concluded that the use of thedisputed trademark No. 6020569 ไนไธน (Qiao Dan or Jordan) in Class 28 on sports equipment and other goods would mislead consumers and damage the personal name right of Michael Jordan. The trademark was consequently invalidated [(2016) ZUI GAO FA XING ZAI No.27].
โน๏ธ Source:ย https://www.managingip.com/article/b1l3x5dzq79tq8/how-does-chinese-trademark-law-deal-with-bad-faith
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