「Brand」 and 「Platform」are in the way. Creators with high traffic are able to win fans' attention and cooperate with trades through marketing brands and creating topics. The creators of Youtube, IG, Facebook and other platforms almost have sideline business in addition to filming and sponsored post. After the crisis of the trademark application of "Li Ke Tai Tai ", such as: Joeman, NSFW, Crazy Right Now, JHONG MING SYUAN, TGOP and Sickhuman (Baxuan), etc., have all paid attention to protection of trademark rights.
 
➤How to market and protect your own brand in the era of electronic information?
Three years ago, Youtube were all translated videos. But now more and more such as dramas and vlog unboxing, etc. There are innovative ideas to join continuously. According to the "Taiwan YouTube Use Behavior Survey" conducted by YouTube and Ipsos, 21% of Taiwan users subscribed one or more YouTuber channels operated by YouTube creators. These YouTubers are very infectious. Their endorsement or commercial film has affected 51% of users' awareness of the brand.
 
WechatIMG287.pngIn other words, YouTuber is not only an audio-visual platform, but also an important channel for brand marketing. For example, YouTuber "NSFW", the brand exposure rate brought by every promoted posts are quite amazing. Not only that, NSFW had developed their own style when promoted posts. At the same time, apply for trademark exclusive rights for both “don’t watch at work” and “WX20191225-112352@2x.png”. From prints, clothes to film and television advertisements, 65535 STUDIO INC. has applied for registration for exclusive use.
 
➤How to protect the trademark of stage name and channel name?
Regardless of whether you have just debuted or have already debuted, the protection of trademarks cannot be ignored! 

In recent years, cases of Internet celebrities and entertainers with trademark disputes have occurred continuously. Such as:

The trademark owner of "Sodagreen": the former agent is also the teacher ─Lin Wei-Zhe.

This year, the trademark owner filed a trademark and copyright lawsuit against Wu Tsing-Fong, request for singing songs of Sodagreen was prohibited. Alas~ Sodagreen's face is really green now ):

Artists who the same encountered trademark disputes also included Gloria Tang Tsz-kei, S.H.E, Korean groups T-ARA and BEAST, NowEPo and Brother Caramel, etc.

 
Here we quote the previous article to explain: trademark disputes of well-known artist groups are common. Shinhwa, HOT, BEAST and the Korean group T-ARA. The applicant (MBK Entertainment) applied for a South Korean trademark three days before the dissolution of the female group T-ARA. But they didn't submit the consent of all members (10 people) or the agreement on the ownership of trademark rights. The agreement provided by the applicant didn't mention the ownership of trademark rights or other intellectual property rights. And didn't provide an agreement for all members. The documents of four members were lacking.
 
The definition of "well-known" in Article 34, paragraph 1, subparagraph 6 of South Korean Trademark Law is based on its time of use, method, form, amount of use, transaction scope and transaction volume. At the same time, it is necessary to consider its social awareness and social influence (according to the announcement of 1033 jurisprudence, etc. by Supreme Court of Korea on October 31, 2013). Further, whether it belongs to the content of the aforementioned law, the criterion is based on the time when the trademark was applied, not the time when the trademark was used.
 
In addition, the main point of obtaining approval for the trademark right of “Others well-known names” in South Korean Trademark Law Article 34, paragraph 1, subparagraph 6 is to obtain the permission of others. The "consent permission" means it may be a consent to trademark rights or other intellectual property rights or an agreement that records its ownership, etc. If the "other" is more than one person, you need to obtain the consent of everyone.
 
Therefore, the name of the female group "T-ARA" proposed by MBK Entertainment to KIPO in 2017 and received a rejection decision from KIPO (Trademark Office) in 2019.
 
Looking back at the recently hot case of "NowEPo" in Taiwan Internet celebrities. The illustrator with millions of fans on Facebook was accused of infringement by the former boss after the termination of the contract with the former management company. The management company said that he violated the "Trademark Law" by using the "avatar and signature of NowEPo" on the video and audio channels.
NowEPo was created in 2013 and signed a contract with the former management company for 6 years in 2016. Because of only 4 cases were received in 2018. NowEPo proposed to terminate the contract in April 2019. Didn't expect, he received a court summons in November. He was infringed by the graphics he drew. 
 

According to Taiwan Trademark Law Article 30, paragraph 1, subparagraph 13, the situation that the trademark cannot be registered: " containing another person’s portrait or well-known name, stage name, pseudonym, or alternative name, unless the said person consents to the application."

Therefore, if the creator is faced the situation that the management company applied for a trademark unauthorizedly. The creator may consider filing a dispute procedure with the IPO to protect his own rights!

 
In the above case, it may be that the creator didn't read the contract carefully based on the trust in the management company when he joined. It may be that the management company registered without the authorization of the creator. No matter what the situation is, once a trademark was registered preemptively, most creators or brand owners would be caught in a dilemma. If you choose to change the name directly- for example: the YOUTUBER Kuaizero used the design logo as a channel name. However, in March 2019, this channel name couldn't be used because the China trademark troll has registered the trademark preemptively in early 2019. And the channel name was forced to change to Mr & Mrs Gao. A trademark complaint is currently being prepared. Or buy a registered trademark from a counterfeiter. But no matter what kind of choice, there are huge economic losses behind it.
 
➤What to do when your brand name is registered preemptively?

Gold Keen thinks

1. A opposition can be filed against the preemptively registered trademark, and the effect of trademark cancellation can be achieved.

※Comment of submission-Anyone can state the reason to report to the IPO during the trademark application period, but if the IPO issues an approval letter, the report letter will not be accepted.

※Opposition-Anyone can file within 3 months of the trademark registration announcement.

※Invalidation-stakeholder (for example: there is a contract to prove that the two parties have a cooperative relationship) can file within 5 years after the trademark registration announcement.

※Revocation-It can be applied for revocation if the trademark hasn't been used for 3 consecutive years.

 
For example, the Brother Caramel CHEN JIA XING is currently revokes the trademark "Brother Caramel". He advocated that MOMO Channel hasn't used it for three consecutive years. If the Management company cannot prove that the trademark is used for marketing, "Brother Caramel" may be revoked in accordance with the trademark law. But not every internet celebrity and artist apply through this practice. Gold Keen also reminds that new applications for trademarks should be filed at the same time when you filed for revocation, opposition or invalidation to avoid other trademark applications during the window period.
 
2. The most key and correct way: To apply for a trademark before marketing. Once you come up with the brand or platform name, you should immediately search for similarities cases and file a trademark application.

 
Apply immediately
 
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