Nike’s application of Liu Xiang trademark was rejected, because "Liu Xiang" brand has been registered 26 years ago

According to the JINGHUA Times news, when “fly man” Liu Xiang was 3 years old, his    name was already registered as trademarks by a company in Shanghai. Nowadays, Liu Xiang has became a well known sports star, therefore, Nike Company want to register   the trademark of "Liu Xiang", which is LiuXiang’s Autographed. Unfortunately, it was dismissed by the trade commissioner of the State Administration for industry and commerce. Consequently, Nike Company appealed the trade commissioner to court. Yesterday afternoon, the first intermediate people's court in the city has trial the case.

In court yesterday, the trade commissioner said, Shanghai Liu Xiang Industrial Company has limited to trade commissioner to apply for registration of "Liu Xiang" brand trademark early in July 3, 1986, it registered for the type of clothing, exclusive right to use a trademark for them is until 2017. The trademark of Shanghai Liu Xiang Industrial Company is composed by Chinese characters of "Liu Xiang card" and Eagle graphic. According to the idea of trade commissioner, Nike Company registered "Liu Xiang" is easy to make the ordinary consumers mistakenly believe that there is a link with Shanghai Liu Xiang Industrial Company, what’s more, two trademark also used in the apparel commodity. So, they rejected the Nike Company's application.

As the applicant, Nike Company didn’t agree with the trade commissioner, they think that they have the right to put Liu Xiang's name and image as a trademark for commercial use after authorized by Liu Xiang himself. The company agent said，based on Liu Xiang's popularity and Nike's influence in the world, consumer would not mix together with Nike's application for the "Liu Xiang" trademark and the previous "Liu Xiang card" trademark. Nike Company has seen Liu Xiang who hid huge economic value many years earlier, so, they had sign an agreement with Liu Xiang in 2004 while he was not famous. And apply for the registration of a series of special trademark which design for Liu Xiang, Including "liuxiang", "LX" and the graphical of flying the 110 meters hurdles.

However, the agent of trade commissioner insists on their point of view that despite of Liu Xiang's huge popularity, they can not Infringed the right of prior trademark. What’s more, they had not given a comment of Liu Xiang himself on the right of the name or the use of commercial. Lastly, the case was not adjudged on the court.

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