REBORN BABY term trying to be trademarked

Baby Talk
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I received this email from a law firm based in China who I assume is looking for business to try and counter this trademark claim.

I thought it might be useful for others to know that someone is trying to trademark the term “Reborn Baby”.

I am not an intellectual property attorney, nor do I understand international or Chinese trademark law, but hopefully, if it is similar to the USA they would not be allowed to trademark such a term since it is general term used to describe a type of doll.

If someone was able to get such a trademark like this, it could really cause alot of trouble for anyone in the reborn doll business. Hopefully that won’t be the case.

-Dave

Dear Sirs,

This is Joanna from Beijing Gaowo IP Firm, which is dealing with legal matters involving trademark in China. Please help me transfer the email to colleague who is in charge with trademark, thank you in advance.

Our trademark research team notice someone is trying to register a trademark（REBORN BABY）which is published on 2020-01-27(yy-mm-dd) from a recent issue of the Chinese Trademark Gazette, open to opposition before 2020-04-27（yy-mm-dd), Beijing time, not extendable.

Particulars of the mark are list below for your reference:

Trademark name :REBORN BABY

Provisional Approval No.:37827831

Applicant: Shahe Yinuo Weike Trading Co., Ltd.

Class: 28

Goods/Service: Pet toys, toys, chess, game equipment, sports balls, exercise equipment, bows, skateboards, waist belts for sport, fishing rods

Article 33 of Trademark Law of People’s Republic of China:

Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after been examination, been preliminary approved. When no opposition against the trademark is filed within three months from the date of publication, the trademark will be officially registered.

This mark is obviously identical with trademark owned by your esteemed company. The proposed mark may confused the general public, who may think that goods with the proposed mark come from your company. If no opposition be filed within the time limit, then it may become a registered trademark in the future, and that company can use this mark legally in China.

If you need any further information about how to oppose this trademark, please let us know.You can email to me or call me.

Kind regards

joanna@gaowoip.com

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This. Coming from a place where it is perfectly acceptable to steal from sculptors. This is also where many scam sites originate, with them pulling the bait and switch on customers, making it difficult for the rest of us who purchase sculpts the honest way and are transparent with our customers.

I have nothing at the moment. The nerve.

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I dont know if google can be completely trusted but I just did a search if China can trademark generic terms…which Reborn Baby is…like the word Soda
This is what I got

“Like the US, China does not permit generic or descriptive marks to be registered. By statute, China also provides that an otherwise non-distinctive trademark could acquire distinctiveness through use and would therefore be registrable. … If your trademark is unregistrable, that means anyone else can use it in China .”

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I think I remember something like this happened a while back. I think a woman wanted to use “Reborn Baby Doll” and trademark it or copyright it not sure of the term. Does anyone else remember this happening?

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I find it funny that they dont have to adhere to our copyright laws yet they are trying to trademark a term. :roll_eyes:

@jlesser tagging you so you dont miss this.

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Yes I remember this. Quite a few artists got together and stopped this from happening. She claimed that she had came up with the term and it was her original idea. Her copyright got canceled. I believe there was an attorney involved representing artists at one point. And the rest of the money that was raised for that attorney went to charity. I would assume if China tried to do this, artists would once again come together and fight it. But I’m sure there is already record out there that this is not someones orginal idea and is just a term used to describe something from the last time.

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This is madness. It’s like wanting to trademark Rocking Chair or Teddy Bear,

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Such nonsense. They can’t even obey copyright laws themselves and they’re trying to trademark the word.
I guess we could always let them keep the name and introduce a new name ourselves. No way I’ll let China stop me from enjoying my dolls.

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Yes, I do. She was from America. It was awful how she was going to take that term and make it all HERS and no one else could use it. I think I would at least file opposition against it. To be SURE it was not allowed to happen.

Edited to say: Checkout the word “trademark” under the spy glass.

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I wouldn’t want to allow them to keep it and we come up with a new name for us. We have had this going for some years, now. I think to change it would definitely confuse the public. I believe it would affect the sales of dolls more.

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@katieperry yes! I remember!!!

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Or like Bandaids are a brand name of one comapanie’s bandages…

Others are not called bandaid.

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The one that we fought against is Reborn Baby Those terms are dead in the trademark registry. Because they added the term Boker before Reborn Baby they were allowed to get away with it.

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Genuine reborn babies, or reborn dolls, are not toys, which they are claiming. They are art. Might that make any difference?

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Generic cotton swabs are often referred to by consumers as Q-tips, tissues as Kleenex and ‘adhesive strips’ as Band-Aids, but to me reborn dolls are a category unto themselves.

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Glad to say that when I was on the trademark page today looking at some other things, I found this. The Chinese attempt to trademark “reborn baby” has been abandoned and now DEAD.

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:xewk9x.4.16

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But the Chinese reborn scammers Adolly has their name trademarked:

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:xewk9x.4.20

:rage:

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Asia has “reborndoll” trademarked at the moment.

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:xewk9x.4.27

They’re trying to Trademark “Saskia” but misspelled it in their trademark. :sweat_smile:

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:xewk9x.4.15

They have trademarked “reborntoddler B”:

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:xewk9x.4.35

“Reborn baby girl”

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:xewk9x.4.50

Or are these just for their business logos?

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