“Double Eleven” is a generic term: it does not have exclusive use

Recently, it was reported that Tmall issued an internal notice stating that Alibaba Group has obtained the "Double Eleven" registered trademark in China (registration numbers: 10136470, 10136420). With the authorization of Alibaba Group, Tmall has the exclusive right to the "Double Eleven" trademark and is protected by law. Any use by anyone else is a trademark infringement. In addition, the notice also claimed that it might pursue the infringement liability of a few e-commerce companies and media that defamed Tmall.

If someone does defame Tmall, then it is understandable for Tmall to pursue the other party's infringement liability. However, judging from the registration status of the "Double Eleven" trademark, this trademark may not have much value, especially in product advertising, e-commerce and other aspects.

By checking Alibaba's registered trademarks (trademark registration numbers: 10136470 and 10136420), it can be found that its registered trademarks are mainly classified into Class 35 and Class 38. The categories applied for registration include: displaying advertisements on communication media for retail purposes, commercial information, telecommunications broadcasting, mobile phone communications, organizing commercial or advertising trade fairs, accounting, seeking sponsorship, remote conference services, etc.

As we all know, the main purpose of "Double Eleven" is e-commerce, that is, the annual product promotion. Although this name may have been first coined by Tmall, it has now become a common promotion service term for e-commerce, and there is no dispute. According to Article 49 of the Trademark Law of the People's Republic of China: If a registered trademark becomes the common name of the goods for which it is approved for use or has not been used for three consecutive years without a legitimate reason, any unit or individual may apply to the Trademark Office to cancel the registered trademark. Article 59 stipulates: The registered trademark contains the common name, graphics, model of the goods, or directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods, or contains place names. The exclusive right holder of the registered trademark has no right to prohibit others from legitimate use. Therefore, in terms of product promotion of e-commerce, it is impossible for Alibaba to maintain the exclusive right to use "Double Eleven". In this regard, Alibaba's rights protection may be difficult to obtain support. Alibaba has no right to prohibit other e-commerce companies from legitimately using the name of "Double Eleven", and even this trademark is at risk of being revoked. Of course, if Alibaba uses the trademark in categories such as "remote conference services", it can be protected, but whether the name is appropriate is another matter.

Of course, we cannot rule out the possibility that this is a hype by JD.com or Alibaba. On the one hand, they use trademark disputes to promote their own e-commerce platforms; on the other hand, they use the media’s repeated reports on “Double Eleven” trademark events to greatly increase the popularity of “Double Eleven”.

Of course, it is only a matter of time before "Double Eleven" is registered in all 45 categories of goods and services. Perhaps, there are already "professionals" in the domestic and foreign trademark rush to register trademarks.

As a winner of Toutiao's Qingyun Plan and Baijiahao's Bai+ Plan, the 2019 Baidu Digital Author of the Year, the Baijiahao's Most Popular Author in the Technology Field, the 2019 Sogou Technology and Culture Author, and the 2021 Baijiahao Quarterly Influential Creator, he has won many awards, including the 2013 Sohu Best Industry Media Person, the 2015 China New Media Entrepreneurship Competition Beijing Third Place, the 2015 Guangmang Experience Award, the 2015 China New Media Entrepreneurship Competition Finals Third Place, and the 2018 Baidu Dynamic Annual Powerful Celebrity.