First of all, the registered trademarks of Tsinghua University include the school emblems of Tsinghua (traditional Chinese characters), Tsinghua, Tsinghua University (traditional Chinese characters and simplified Chinese characters), Tsinghua University and Tsinghua University (graphic trademarks), which are different from the disputed trademark Tsinghua in terms of glyphs and fonts. But even so, the two words and sounds are the same, which belongs to the registration similar to the registered trademark on similar goods, and the application should be rejected by the Trademark Office. Although the name of Tsinghua kindergarten can be registered based on China's Trademark Registration Law, it objectively constitutes infringement based on China's Trademark Law, Anti-Unfair Competition Law and other relevant provisions.

The second is the relationship between the principle of prior registration of trademark rights and the principle of prior use. During the proceedings, one of the defendants claimed that his school started enrolling students in August 1998, earlier than the specific time when Tsinghua University registered its trademark, and enjoyed the prior right to use the word "Tsinghua". Then we need to go back to the history of Tsinghua University. Tsinghua University was founded in 19 1 1 year with the name of "Tsinghua School". The word "Tsinghua" has been used ever since 100. 1998, 165438+ 10, Tsinghua University registered the trademark "Tsinghua", and in June 2006, Tsinghua University registered the trademark "Tsinghua". On the basis of the principle of prior use and prior application, it is generally based on the principle of prior application, supplemented by prior use. Although the kindergarten's trademark was registered before Tsinghua University, Tsinghua University meets all the requirements of the prior right to use the trademark.

In addition, whether the word "Tsinghua" constitutes a generic name also makes the public wonder. The defendant pointed out that the word "Tsinghua" is a traditional cultural element of China, and there are Tsinghua Town and Tsinghua Avenue all over the country. Its use is based on the extensive spread of culture in China. Tsinghua has no right to "occupy" the word "Tsinghua", and it is too imaginative to think that Tsinghua kindergarten has a connection with Tsinghua. However, the author believes that although the word "Tsinghua" has a profound historical accumulation and is also the embodiment of China culture, based on the establishment and reputation of Tsinghua University, the word "Tsinghua" has been given a new meaning. As an institution of higher learning, the word "Tsinghua" has been attached to Tsinghua University's educational achievements, which are related. As a synonym for Tsinghua University, "Tsinghua" has become a unique name. Using the word "Tsinghua" on the basis of knowing that Tsinghua University is also an educational institution constitutes trademark infringement. At the same time, Tsinghua University has indeed established Tsinghua University Jiehua Kindergarten in Haidian District, which is referred to as the kindergarten directly under Tsinghua. It is easy for the public to mistakenly think that the two are highly related.