Guangxian's registration of thousands of "Nezha" trademarks may be suspected of violating the Trademark Law

The domestic film "Nezha: The Devil Child Comes into the World" has grossed over 4.7 billion yuan, ranking second in the Chinese film history. Recently, the film's producer, Enlight Media, applied for nearly 2,000 trademark registrations, and the trademark content is basically related to the film "Nezha". Some industry insiders said that Enlight Media's move may be suspected of violating the "Trademark Law", and Nezha is a traditional mythological figure, and whether it can be registered as a trademark has also caused controversy online.

It is reported that on the 15th day after the release of "Nezha: The Devil Child Comes into the World", Beijing Enlight Pictures Co., Ltd., a subsidiary of Enlight Media, began to frantically register trademarks related to "Nezha". Starting from August 9, Enlight Media submitted 1,818 trademark registration applications in one go, which were basically related to the movie "Nezha", including "Nezha the Devil Child", "Nezha: The Devil Child Comes into the World", "Mrs. Yin", "Aobing", "MOTONEZHA"... Netizens questioned whether "Nezha", the name of a traditional mythological figure, could become a registered trademark? Some professionals also said that registering thousands of trademarks in one go was suspected of violating the "Trademark Law" and hoarding a large number of trademarks.

Article 4, paragraph 1 of the Trademark Law provides that "if a natural person, legal person or other organization needs to obtain exclusive trademark rights for its goods or services during production and business activities, it shall apply to the Trademark Office for trademark registration." According to this provision, a natural person, legal person or other organization shall apply for trademark registration for the purpose of production and business activities. If a trademark applicant violates Article 4 of the Trademark Law, has no real purpose of use, and hoards a large number of trademarks without legitimate reasons to obtain improper benefits, it can be determined that it falls under the "other improper means" stipulated in Article 44, paragraph 1 of the Trademark Law.

A lawyer said that the names of traditional mythological characters such as "Nezha" can become registered trademarks, but they must comply with legal procedures. In addition, applying for registration does not mean that it will be finally registered. It depends on the number of successful registrations and the purpose behind it.

Some people online believe that preemptive registration is a protective measure to prevent trademarks from being maliciously registered and resold. But no matter what the purpose is, it further proves the success of "Nezha: The Devil Child Comes into the World".