Opponent : Zhejiang Blue Star International Media Co., Ltd

Opposed party: Rakeno Trading Co., Ltd

奔跑吧兄弟 ( “Run bros!” in English) is the original name of a TV program introduced and produced by the opponent, and the program’s episodes are broadcasted in Zhejiang TV in a rolling manner. The opposed party applied for trademark registration of 奔跑吧兄弟 for goods in Class 18. The opponent believed that the opposed mark has infringed upon the opponent’s prior right to the well-known name of the TV program as well as the opponent’s copyright, and filed an opposition based on Article 32 of China Trademark Law.

The Trademark Office supported the opponent’s claim that “奔跑吧兄弟”, as a prior well-known name for TV program, shall be protected as a prior right under Article 32 of the Trademark Law, and that the opposed trademark shall not approved for registration.

The typical significance of this case lies in acknowledging well-known names for films and TV programs as a kind of prior rights and granting the same protection as to copyright and other prior rights provided in Article 32 of China Trademark Law. The name of a well-known film or TV work is of great commercial value and influence, which haved called for protection against trademark squatters for years. To bring a solution to this issue, it’s a significant breakthrough to include well-known film and TV program name into the scope of prior rights provided in Article 32 of the Trademark Law so as to extend protection over it.