Abstract
The right to one’s name is an important personal right of a natural person to his or her name, and the right to one’s name may constitute the “prior art” as stipulated in Article 31 of the Trademark Law amended in 2001.
The retrial collegial panel: Tao Kaiyuan, Wang Chuang, Xia Junli, Wang Yanfang, Du Weike (Translated by: Zheng Daxuan; Proofread by: Zhang Hongsheng).
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Article 31 of the Trademark Law amended in 2001 provides that, “Trademark registration applications shall not harm existing prior rights of others, use of improper means to forestall registration of a trademark which is in use and has certain impact shall not be allowed”. The said law was revised in 2013 for the third time, and it has made identical provisions in Article 32.
- 2.
Article 18 of Rules on Administrative Cases involving Granting or Affirming Trademark Rights provides, “the prior rights provided in Article 32 of the Trademark Law include the civil rights enjoyed by the parties before the filing date of the trademark application or other legal rights that should be protected. When the trademark is approved for registration, nonexistence of the prior right does not affect the registration of the disputed trademark”.
- 3.
He [1].
Reference
He Xiaorong, “Making Individual Cases Fairly Promote the Rule of Law”, People’s Daily, December 12, 2016.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2020 Law Press China
About this chapter
Cite this chapter
Tao, K., Wang, C., Xia, J., Wang, Y., Du, W. (2020). Michael Jeffrey Jordan v. Trademark Review and Adjudication Board of the State Administration for Industry and Commerce of the People’s Republic of China & Jordan Sports Co., Ltd. (Administrative Disputes over Trademark)—Right to One’s Name May Constitute “Prior Right” Protected by Trademark Law. In: Selected Cases from the Supreme People’s Court of the People’s Republic of China. Library of Selected Cases from the Chinese Court. Springer, Singapore. https://doi.org/10.1007/978-981-15-0342-9_2
Download citation
DOI: https://doi.org/10.1007/978-981-15-0342-9_2
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-15-0341-2
Online ISBN: 978-981-15-0342-9
eBook Packages: Law and CriminologyLaw and Criminology (R0)