[Direct answer]In the Beijing area, registering a trademark using a celebrity's name is not necessarily considered an illegal registration. However, if the name enjoys high popularity, infringes on others' prior rights (naming rights), or is registered by improper means against an unregistered trademark that has already been used by others and gained a certain influence, it should not be registered according to law, and those that have already been approved may be declared invalid. According to Article 13 (Protection of Well-Known Trademarks), Article 32 (Prior Rights and Malicious Registration), and Article 44 (Obtaining Registration by Deception or Other Improper Means) of the Trademark Law of the People's Republic of China, rights holders can raise objections during the preliminary review announcement period or request invalidation after registration. It is recommended to first search the trademark database, fix evidence of popularity and use, and, if necessary, entrust a professional lawyer to initiate objection or invalidation procedures. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

I. Problem background and typical scenarios

Registration of celebrity names as trademarks is a common phenomenon, with sports stars, film and television celebrities, and internet influencers often having their names preemptively registered by others for use in categories such as clothing, food, and daily chemical products. Typical scenarios include: individuals hoarding celebrity name trademarks in bulk and waiting for the right moment to sell them; registering celebrity names with homophones or abbreviations to ride on their goodwill; and genuine rights holders encountering difficulties in protecting their rights after discovering the preemptive registration. Many enterprises mistakenly believe that "first come, first served" guarantees unconditional rights, ignoring the obstacles posed by prior name rights and malicious preemptive registrations. Although trademark review adheres to the principle of "first come, first served", registration will be rejected or invalidated once it infringes on prior rights or causes adverse effects. Relevant brand protection for enterprises can be combined with the following measures:Business and contract dispute services for enterprisesCoordinate and plan everything in an organized and efficient manner to ensure that all tasks are completed on schedule and within budget.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, the threshold for name protection: whether the celebrity's name enjoys a certain degree of popularity among the relevant public in China and whether it can be traced back to a specific natural person is a prerequisite for claiming prior rights. Secondly, the determination of malicious cybersquatting: whether the applicant knowingly registered the name despite its popularity and whether they had the intention of hoarding it for profit affects the application of Articles 32 and 44. Thirdly, the cross-category protection of well-known trademarks: if the right holder's trademark has become well-known among the relevant public, Article 13 can be used to prevent its registration on dissimilar or similar goods. In cases involving conflicts of rights and invalidation, reference can be made to relevant provisions.Creditor-debtor relations and enforcement case servicesClarify the ownership rights.

III. Professional analysis by Henglue Law Firm

Based on practical experience in handling trademark infringement and unfair competition cases, Henglu Law Firm once represented the defendant in responding to trademark infringement claims, highlighting the protection efforts of well-known brands. In a trademark infringement and unfair competition dispute handled by Attorney Liu Yuanyuan, the plaintiff was a well-known paper company. Its "EFGH" trademark was approved for use on sanitary napkins in Category 5 and had been recognized as a well-known trademark by courts and administrative authorities in multiple regions. The defendant was authorized by a third party to use the "EFGK" logo to produce and sell products. The plaintiff claimed 98,000 yuan in compensation on the grounds of imitating a well-known trademark and causing confusion in packaging and decoration. Henglu Law Firm raised defenses such as the logo having legal authorization, not being similar to the well-known trademark, and the packaging and decoration not constituting unfair competition. The court partially accepted these defenses, finding trademark infringement but rejecting the claim of unfair competition, and determined the compensation for economic losses to be 50,000 yuan and reasonable expenses to be 10,000 yuan, totaling 60,000 yuan, which was more than 920,000 yuan lower than the original claim. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acted as the agent. This result shows that accurate defense of rights boundaries and compensation circumstances is crucial for reducing losses; similarly, disputes over celebrity name trademarks also need to be organized around defense and offense based on popularity, malice, and the possibility of confusion. For those involving intellectual property layout, it can be followed up accordingly.Intellectual property protection and corporate legal services.

IV. Practical suggestions and legal basis

The core basis is Article 13 (Protection of Well-Known Trademarks), Article 32 (Applications shall not infringe upon prior rights or use unfair means to preemptively register trademarks that have been used by others and have a certain influence), and Article 44 (Nullification of Registrations Obtained by Deceptive or Other Unfair Means) of the Trademark Law of the People's Republic of China (amended and implemented on April 23, 2019); and the supporting regulations including the Implementing Regulations of the Trademark Law and the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Trademark Authorization and Right Confirmation". Practical suggestions: Celebrities or rights holders should apply for registration of their names or corresponding logos as soon as possible and monitor the announcement period; raise objections during the announcement period or file invalidation declarations after registration if they discover preemptive registrations; document evidence of popularity (media reports, awards, usage records); and invoke the provision on adverse effects against malicious hoarding. For enterprises involved in trademark strategies, they may consider the following:Special services and other case servicesDevelop a plan.

5. Henglue Law Firm's Reminder

When facing trademark squatting, it's important to both prevent being "squeezed out" and avoid "blind squatting". Celebrities should establish a trademark monitoring and rapid objection mechanism, while ordinary applicants should avoid profiting from others' reputation by squatting on their names and not applying for registration with the aim of hoarding for profit. Both objections and invalidation declarations are subject to statutory time limits and evidentiary requirements. Weak evidence will make it difficult to prevent registration. Never trust the promise of "guaranteed registration and invalidation". If you need to assess the risk of trademark squatting or initiate legal protection, you can seek assistance from relevant professionals or institutions.Intellectual property protection and corporate legal servicesHire a professional lawyer to proceed in accordance with the current effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: If someone registers a trademark for a celebrity's name, can the right holder always win the case?

It does not depend on the outcome of the promise, but on the evidence and the application of the law. If a celebrity's name enjoys high popularity among the relevant public in China, can be traced back to a specific natural person, and the cybersquatter still applies for registration knowing or should have known this, the right holder has a higher success rate in challenging or invalidating the registration based on the prior right to the name or the provisions on malicious cybersquatting; conversely, if the popularity is insufficient or the applicant can prove the name was used in good faith, the difficulty of blocking the registration will increase. It is recommended to first evaluate the evidence of popularity and the malicious intent of the cybersquatter, and then decide whether to initiate the procedure. Do not expect a guaranteed outcome.

Q2: What evidence do I need to prepare if I want to object to the infringement of my right to use my name?

The core evidence includes: celebrity identity verification and name-directed materials (ID cards, public resumes), popularity evidence (authoritative media reports, award records, social platform certifications and fan counts, commercial endorsement contracts), registration information and announcement pages of the trademarks that have been preemptively registered, clues showing that the preemptive registrant was aware of the celebrity's popularity (such as previous contacts or industry relationships), and the party's own records of prior use or registration. The organization of evidence should focus on "popularity—directedness—malice—potential for confusion". The more complete the materials are, the more confident the party will be in challenging the opposing party's claims or obtaining a declaration of invalidation.

Q3: How much does it cost to file a trademark opposition or invalidation declaration?

The official fees are relatively fixed. Applications for objections or invalidation declarations are charged on a per-item basis, with the specific fees subject to the standards announced by the China Intellectual Property Administration. If hiring a lawyer, the lawyer's fees are charged on a per-case basis or based on a percentage of the litigation amount, depending on the complexity of the case, the scale of evidence, and the workload. There is no unified government pricing for these fees. Compared with the registration costs, the fees for objection and invalidation procedures are generally manageable, but cross-category and bulk protection will correspondingly increase the costs. It is recommended to consult a lawyer to assess the chances of success and the costs before initiating the proceedings, so as to avoid unnecessary expenses.

Q4: How long does it usually take to handle a trademark opposition or declaration of invalidation?

The trademark bureau's opposition procedure usually takes several months to a year from the application to the decision; the review period for invalidation declarations is similar, and it will be longer if the case is complex or requires corrections. If the applicant disagrees with the decision, they can also file an administrative lawsuit, which may further prolong the overall timeframe. It is most timely for right holders to raise objections within the initial review announcement period (three months), and for invalidation declarations after registration, they must be filed within the five-year preclusion period (this does not apply to well-known trademarks). It is recommended to seize the window of the announcement period to avoid missing the best opportunity to prevent infringement.

Q5: If I find that my name has been preemptively registered by others, what should I do first?

Here's the translation of the Chinese text into English: **Suggested four steps:** 1. First, search and confirm the status and category of the trademark being preemptively registered on the Trademark Office's official website to determine whether it is in the announcement period. 2. Collect and fix evidence of popularity and intentionality, and establish an evidence list. 3. If an objection is submitted immediately during the announcement period, and if the trademark has already been registered, request a declaration of invalidation within the statutory time limit. 4. If necessary, hire a lawyer to send a letter and develop a monitoring and protection plan to prevent similar preemptive registrations from happening repeatedly. Throughout the process, keep records of searches and communications, and proceed in accordance with current effective laws, regulations, and judicial rulings.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in time.