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Good news! The Baoluri trademark objection case represented by Gaowo was rated as a typical case of trademark objection and review in 2023 by the China National Intellectual Property Administration, which regulated the behavior of damaging the right to name of rural online celebrities and helped the new development of rural economy.

Baoruri is a well-known online artist and food blogger. After learning that his name had been hijacked, he entrusted Gao Wo to act as an agent to raise objections and protect his rights. After review by the State Intellectual Property Office, it was ultimately determined that the opposed trademark infringed upon the prior name right of the objector.

In addition, a utility model patent invalidation case for a composite decorative panel represented by Gao Wo Law Firm has been selected as one of the top ten patent invalidation cases for patent reexamination in 2023. The trademark and patent cases represented by Gaowo have been selected as the typical cases of the China National Intellectual Property Administration, which fully proves the professional strength and deep foundation of the Gaowo team in the field of intellectual property! Gaowo will continue to uphold the principle of wholeheartedly creating value for customers and safeguarding their intellectual property rights!

Case Introduction

On April 28, 2024, the China National Intellectual Property Administration released the typical cases of trademark opposition and review in 2023, including the fourth Baoluri trademark opposition case No. 60172218, which regulated the behavior of damaging the right to name of rural online celebrities and helped the new development of rural economy. It was represented by Gao Wo, and the Ma Kun agency team from Gao Wo's legal department was delighted to hear the good news. The following is the full process record of Ma Kun's team representing this case:

Baoruri is a well-known online artist and food blogger. After learning that his name had been hijacked, he entrusted Gao Wo to act as an agent to raise objections and protect his rights.

When handling the case, the lawyer in charge checked the relevant videos of Baoluri through Tiktok and other online platforms, and learned that Baoluri was the name of the objector. As an online food blogger from Inner Mongolia grasslands, the objector had received 42.563 million praise and 3.622 million fans through the promotion and use of Tiktok short video online platform [Tiktok No.: Baoluri Baoluri 45034]. It was officially rated as a popular author by Tiktok. Officially awarded as a rural guardian. Awarded honors such as Baoruri Tourism Expert and Grassland Sheep Recommendation Officer by Urad Middle Banner Tourism Service Center. The short videos of dissidents ordering takeout on the grassland, underfloor heating in yurts, and ride hailing services on the grassland have repeatedly topped the hot list. Multiple self media outlets have reposted and commented on the videos of dissenters. At the same time, publicity is carried out through Kwai, Baidu Sohu and other online media platforms. Through various online media platforms promoted by the objector, Baoruri has gained a certain level of popularity and influence before the date of the opposed trademark registration application.

The first video of the objector was released on March 23, 2021, with the title "Not Only Are the Little Goats Eating Happy, I Feed Even Happier". It received 4549 likes, 1190 comments, and 89 collections.

The second video was released on March 24, 2021, titled 'Welcome to the Grassland to Bok Together # Wrestling # Bok'. It has received 3843 likes, 295 comments, and 52 collections.

As the case delves deeper into exploration and research, lawyers have found that videos featuring the objector's daily life of modern farmers and herdsmen on grasslands, sheep, cows, and camels have attracted a large number of curious fans. Among them is Alfred Thomas from Germany, who, with his doubts, lived and ate with dissidents for two days, experiencing firsthand the lives of contemporary grassland farmers and herdsmen.

On June 18, 2021, the objector released a video on Tiktok titled "Forcing German Friends to Stay and Feel Our Grassland Features # Outdoor Food # New Farmer Plan 2021 # Rural Life". Up to 6195 likes, 241 comments, 46 favorites, and 34 shares.

On September 25, 2021, the objector ordered takeout and hot pot on the grassland. The dish was called "Beef and Lamb," but it was still delicious to raise on their own grassland. #The video of the New Farmer Plan 2021 # Grassland Cuisine # Inner Mongolia Beautiful Recommendation Officer has received 135000 views, 7909 comments, 756 collections, and 16000 shares.

On September 26, 2021, I intentionally changed my platform to place an order, but I didn't expect it ... # New Farmer Plan 2021 # Grassland Cuisine # Inner Mongolia Beautiful Recommendation Officer's video has received 1.117 million views, 54000 comments, 7612 collections, and 115000 shares. The platform for ordering takeout in the first two episodes was Meituan. After listening to the suggestions of many netizens, the dissenter switched to using orders from the Ele.me platform. Coincidentally and humorously, when he received the takeout, he was still the same delivery guy from the previous two days. Watching him in the video, he was wearing Ele.me blue work clothes on the outside and pulled open his clothes, but inside was Meituan yellow work clothes. The curious objector asked, 'Why are you again?'? Watching the delivery guy transform from Meituan's insulated meal bag into an Ele.me insulated meal bag. Carefully handing the food to the dissenter, saying that no one runs on this grassland!

On October 20, 2021, the objector posted a video titled 'The weather is getting cooler, install underfloor heating in a yurt # Record grassland life # Traditional crafts # Transform a small courtyard', which received 1.364 million views, 58000 comments, 34000 collections, and 32000 shares. Once again, it ranked first in the national hot list of Tiktok. It reflects how traditional herdsmen keep warm in winter.

In September 2021, a short video filmed by Bao Luri and his friends about what it feels like to order takeout on the grassland went viral overnight. Netizens from all over the world left comments, exclaiming that they were shocked by this magical operation. Baoluri and his partners seized the opportunity to launch a series of videos of ordering takeout on the grassland and packaging floor heating in Mongolia. This Mongolian man with rough appearance, exquisite heart and dexterity has attracted numerous fans for a time. The most popular video has exceeded 60 million hits, and has repeatedly reached the top of the hot list on Tiktok, Weibo and other platforms. As of the end of the objection case, the video account Baoruri has released a total of 186 works, with 1.16 million followers, attracting multiple media outlets including People Magazine, Hubei TV, and Malaysian Chinese News to report on them.

In just over six months, Baoruri has not only gained millions of fans, but also a new identity as an internet celebrity. How to make good use of this identity and plan for its future development direction, Baoruri and his friends are exploring and moving forward. Next, they will meet with netizens through live streaming and use online platforms to let them know about herdsmen and fall in love with the grasslands. They also hope to attract more outsiders to visit the Urad grasslands through their videos, so that the Urad grassland culture and unique agricultural and livestock products can be known to more people, expand the sales of hometown specialties, and make more people fall in love with Inner Mongolia, Bayannur, and let the taste of the grasslands drift further.

The respondent, without the permission of the objector, applied for registration of a disputed trademark that is identical to the name of the objector, Baoruri, which infringes on Baoruri's right to name and may cause confusion or misidentification among relevant consumers regarding the origin of the goods, constituting a preemptive registration of the trademark that the objector has previously used and has a certain impact on. Violation of Article 32 of the Trademark Law shall result in non registration.

The objector is a certain trading company in Inner Mongolia, mainly engaged in food sales; Personal Internet live broadcast service; Film production services; Conference and exhibition services; Cultural and entertainment brokerage services; Organize cultural and artistic exchange activities; Camera and video production services. The brand of Baoluri, which was the first major brand of the objector, is in the field of food and beverage industry, and has the same promotion channels as Tiktok, Kwai and other brands. What's more, the objector and the objectee are both located in Inner Mongolia.

In addition, the legal representative of the objector, Zhang Yang, along with Yin Nan, Zhu Yong, Mi, and others, registered a large number of companies through investment, cooperation, and other forms, and exercised actual control by serving as legal persons, shareholders, or executives. Among them, a certain brand information service company in Inner Mongolia is supervised by Zhang Moyang, the legal representative of the respondent, and mainly engages in intellectual property agency; Trademark agency is a trademark agency registered with the Trademark Office of the State Intellectual Property Administration, and has the same registered domicile as the respondent. The disputed party and the actual controllers of other controlled companies have clearly exceeded their normal business needs in terms of trademark creativity and application behavior. This kind of fact is hardly a coincidence. Based on the fact that the opposed trademark in this case is highly consistent with the highly original and well-known Baoruri trademark of the objector in terms of text composition, pronunciation, meaning, etc., it can be determined that the objector's application for registration in this case has obvious malicious intent of copying and plagiarizing other people's trademarks, infringing on their rights and interests, improperly occupying trademark resources, disrupting the normal order of trademark registration management and market competition, and violating the legislative spirit of the Trademark Law prohibiting the use of deception or other improper means to obtain trademark registration.

The Gaowo agency team believes that the respondent's behavior violates the provisions of Articles 30 and 32 of the Trademark Law. Based on the legislative purpose of the principle of good faith, it is hoped that the China National Intellectual Property Administration can protect the trademarks that have been used and have a certain impact on them, stop the act of preemptive registration by improper means, and make up for the lack of unfair consequences that may result from strict implementation of the registration principle. If the opposed party registers a mark on similar goods that is completely identical to the trademark previously used by the objector, and the subjective malice is very obvious, the opposed trademark should not be registered.

Finally, the China National Intellectual Property Administration ruled in accordance with Article 32 of the Trademark Law of the People's Republic of China that the challenged trademark should not be registered! At this point, Gao Wo successfully defended the rights and interests of the name on behalf of the parties involved. Evaluation by the State Intellectual Property Administration: This case regulates behaviors that harm the name rights of rural internet celebrities and helps promote new development of rural economy.

Being selected as a typical case, the Gaowo team is greatly pleased. Gaowo will never forget its original intention and always adhere to the purpose of creating value for customers wholeheartedly, safeguarding their intellectual property rights!