Recently, the mass prosecution of several "Tsinghua kindergartens" by Tsinghua University in Jiangxi has aroused concern. On the afternoon of the 8th, Tsinghua kindergarten in Shicheng County, Jiangxi, defended the lawsuit against Tsinghua University in court, saying that the association of Tsinghua University was too rich. Just because its name was the same, it required a small kindergarten which was not related to the wind and horse to compensate 500,000 yuan. "In fact, it was hegemonic and it was a real"learning hegemony".




"Tsinghua Kindergarten" in Shicheng County also argues that "Tsinghua" is the name of the kindergarten and has no connection with Tsinghua University. "There is an avenue in Shicheng County called Tsinghua Avenue. Like Tsinghua University, you can name it by place. I can have my history, each is beautiful, and there will be no public confusion and misunderstanding." The case has not yet been hammered down, and netizens have launched heated discussions on it. "There's a Tsinghua Road in our house", "Little Cambridge shivering"...


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"Not rooted in the same place" - is the trademark "near the thigh" a tort? Litchi journalists combed the matter.




Article 2011 Trademark and "Tsinghua" related trademark infringement companies were awarded 3.1 million damages and went bankrupt




Is the name of "Tsinghua Kindergarten" infringed? Wang Yu, a consultant lawyer of Jiangsu Copyright Association, said that if Tsinghua University has registered trademarks, kindergartens and Tsinghua University belong to the same education system. The former uses the word "Tsinghua" without consent, preferring to think that it infringes trademark rights and there is indeed a suspicion of unfair competition.




From a legal point of view, Tsinghua University does have the right to exclusive use of trademarks. With the approval of the State Trademark Office, Tsinghua University acquired the exclusive right to use the registered trademark of No. 1225974 on November 21, 1998 and No. 472461 on January 28, 2009. The scope of use of the registered trademark of Tsinghua University (Traditional) is the 41st category of "school (education), training" and other services. In 2006, both the State Trademark Office and the Beijing Higher College recognized "Tsinghua University (Tsinghua)" as a well-known trademark. This means that Tsinghua University can seek legal protection for the commercial use of Tsinghua.





Litchi journalists searched China Judicial Documents Network and found that there were 18 trademark infringement disputes involving Tsinghua University as the main body, including many cases of education and other fields.




In these cases, Tsinghua University won most of the cases and awarded damages ranging from 10,000 to more than 3 million. Among them, the maximum amount of compensation is 3.1 million, and the defendant is Yangzhou Tsinghua Solar Energy Technology Co., Ltd.




Litchi journalists contacted Zhu Biao, the legal representative of Qinghua Solar Energy Technology Co., Ltd. in Yangzhou, recalling that "after the court's decision, the whole company went bankrupt because it was unable to compensate for such a large amount".




Litchi journalists searched China Trademark Network and found that there were 2011 registered trademarks related to "Tsinghua". Among them, there are 225 trademarks related to "Tsinghua University" registered as the main body.




Other trademarks related to "Tsinghua" are mostly registered by companies or individuals, including "Tsinghua School Flower, Tsinghua Banhua, Tsinghua Scholars, Tsinghua Baby, Dr. Tsinghua Yun, Tsinghua Xueba, Tsinghua Rabbit Baby" and other trademarks.




Foreign universities may not use IP of "famous universities" at will because of the risk of infringement.


Comparing with Tsinghua University, which has frequently filed lawsuits, many foreign universities have a certain meaning of "outpacing" the numerous kindergartens with the same name in China. Are these kindergartens at risk of infringement?




Cui Lihong, a professor at the Law School of Shandong University, said it was important to see if these schools had registered trademarks in China. If they had registered, they would naturally be protected by the Trademark Law.




If these foreign famous schools are not registered, does that mean that they can be used arbitrarily?




Cui Lihong believes that there are also problems strictly speaking. Because these schools are well-known, and China, as a member of international conventions, has an obligation to protect the trademark rights and interests of member countries.




Litchi Journalist's search on China Trademark Online found that some famous foreign universities have registered trademarks in China, such as Cambridge University.


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