jeeelim5 (jeeelim5) wrote in tohosomnia,

[TRANS] 100519 SM Withdraws Application For Trademark Rights Of '동방신기 (TVXQ)'

 T/N: The reason '동방신기' was used instead of TVXQ in the title is because SM has already won the trademark rights to Tong Vfang Xien Qi (TVfXQ). The name was typed in Korean in order to eliminate confusion. To learn more of SM's fight for TVXQ's name, please read this translation from August 11th, 2009 entitled [TRANS] 090811 Struggle For The Name, "Secure TVXQ".

Other than the Chinese character version of the members names and 'Tong Vfang Xien Qi HERO MAX Xiah U-Know Micky', no other forms of TVXQ's names have been passed through the application course. Therefore, if the members leave SM, they will still be able to perform under the name '동방신기'. This also applies to each of the members' individual names.

It was belatedly found that SM Entertainment, five member group TVXQ's agency, withdrew its application for trademark rights to the name '동방신기(TVXQ)'.

SM Entertainment filed this trademark registration application early last August to the Korean Intellectual Property Office. It is normal for entertainment agencies to demand the rights to the names of groups and singers who work for them. However, SM filed a withdrawal form on December 31st. This means that SM has canceled trying to win the trademark rights to the name '동방신기' for now.

An SM representative confirmed this and said, "It is true that SM filed a withdrawal for the trademark rights to the name '동방신기'." But he added that, "This was so that we could prepare more documents."

This means that the possibility of SM trying once more to win the rights to the name '동방신기' cannot be eliminated.

Promptly after TVXQ's debut, SM applied for the trademark rights to the name '동방신기' but were denied due to various reasons.

Source: [Star news+DNBN+DNBN]
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SM applied for trademark rights for '東方神起' on June 23rd, 2004 but were rejected under the grounds of "The trademark in question is for the a capella dance group working for SM Entertainment, and is a trademark under the names of others: U-Know Yunho, YoungWoong Jaejoong, Micky Yoochun, Xiah Junsu and Choikang Changmin. Therefore, according to the Trademarks Law clause 7, sub clause 1, sub-sub clause 6, this application for trademark rights cannot be accepted.
Also, as the people in question are underage, clause 3 of the patent law and clauses 5 and 909 of the civil law require that all legal actions of underage persons must be done with the consent of the persons' parents but this was not included. (Refer to documents 2 and 3)."

Trademarks Law
Clause 7 (Trademarks that cannot be registered)

1. Trademarks cannot be registered if they apply to any of the following clauses regardless of whether or not clause 6 has been fulfilled.

6. Trademarks including acronym's of other persons' names, appellations, company names, signatures, seals, pseudonyms, or stage names. However, this does not apply if the other person has agreed to the application.

A Clause from the Fair Trade Commission's new Standard Contract
Clause 9 (Publicity rights etc)

1. 'A' has the right to use all items representing the identity of 'B' including names such as real names, stage names and nicnames, as well as photos, portraits, handwriting, audios etc for the activities of 'B' as well as in relation to business done by 'A'. However, this right is terminated once the contract period expires.

Tags: *jyj, information, lawsuit, news, sm entertainment, translation

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