Nanda is the abbreviation of Nanjing University.
Historically, many universities used the abbreviation "Nanda". The university that was first called "Nanda" was not Nanjing University. Lingnan University and Nankai University were called "Nanda" as early as the Republic of China. At that time, Nanjing University was named National Central University, or Zhong Da for short. However, since the National Central University was renamed Nanjing University after 1949, "Nanda" has gradually become the abbreviation of Nanjing University widely recognized in China. After the former Lingnan University was merged into Sun Yat-sen University on 1952, it resumed its operation in Hong Kong and adopted the abbreviation of "Lingnan" on 1990. Nankai University is officially referred to as "Nankai" instead of "Nanda" (referred to as "Nankai" in the articles of association of Nankai University). [ 1]
Nanjing University has spared no effort to protect the abbreviation "Nanda". In addition to the first recognition by the Ministry of Education of China, as early as 2002, Nantah has officially obtained the registered trademark of Nantah, and has the legal abbreviation of Nantah, including Zhong Da before its name change, Jin Da (Jinling University) after its merger and its English. In other words, there is only one legal "Nanda", namely Nanjing University. [ 1]
20 14 With the publication of the articles of association of Nanjing University and Nankai University, it is clear who is referred to as "Nanda" for short. From the first chapter of the Constitution of Nanjing University approved by the Ministry of Education on 20 14, it was clearly called "Nantah", and the topic of "Don't argue, Nantah will be Nanjing University" in the media was regarded as the end of years of "nickname dispute". [1] In July, 2065438+2005, Nanchang University called itself "Nantah", which once again raised this topic. In this regard, the school of Nanjing University said that it has expressed the serious concerns of the school and teachers and students to the Ministry of Education and the Jiangxi Provincial Department of Education. [ 1]
Chinese name
Nanjing University
English name
Nanjing University
abbreviation
, Nanda
school motto
Honest and dignified, study hard and travel well.
start time
1902
Belonging area
Nanjing City, Jiangsu Province, China
kind
public university
School type
component
School attribute
Universities supported by the National "2 1 1 Project", the first batch of high-level universities built by the National "985 Project" and Nanjing University.
Major awards
Regional land subsidence simulation and its application-Science and Technology Progress Award of Ministry of Education:
incumbent president
Chen jun
Famous alumni
Wu Jianxiong, Feng Yuanzhen, Xu Jinghua, Chen Jiayong, Bi Dexian
The department in charge of this work
The Ministry of Education of the People's Republic of China
catalogue
1 Disputes
2 related details
3 the use of business targets
4 Other abbreviations
Nanda dispute
2065438+In July 2005, Nanchang University officially published the Articles of Association of Nanchang University on its official homepage, which stated that "the name of the school is Nanchang University, or Nanda for short." In this regard, Nanjing University officials expressed serious concern, and teachers and students in the school also left messages on the Internet saying that they could not be calm.
On July 2, 20 15, 15, Nanjing University responded to the teachers and students who expressed concern through its bbs. "The school has expressed the serious concern of our school and the teachers and students to the Ministry of Education and the Jiangxi Provincial Department of Education." [2]
Details of Nantah
The articles of association of Nanjing University were approved by the Ministry of Education of China, and the articles of association of Nanchang University were approved by the Jiangxi Provincial Department of Education.
200 1 Nanjing University registered the trademark "Nanda" and Nanchang University registered the trademark "Changda", involving many related fields and categories.
In the lyrics of the school song of Nanchang University, there are "magnificent" words, calling themselves "Changda" instead of "Nanda".
According to the relevant personnel of Nanchang University, Nanchang University has always been called "Nanda", "Changda", "Jiangda" and "Jianggong University". [3]
Nanda trademark use
From July 2065438 to July 2005, Nanchang University defined the abbreviation as "Nanda" in the Articles of Association of Nanchang University, which caused dissatisfaction among teachers and students of Nanjing University. As a commercial logo, the abbreviation of school name may have a good reputation behind it, but the phenomenon of conflict of school name abbreviation is more common, so it is necessary to discuss the legal problems of trademark conflict.
The abbreviation of the school name is similar to the name of a natural person and the name of an enterprise, and naturally does not constitute a trademark.
Trademark rights can only be formed if they reach a certain popularity. If the school does not use its school name abbreviation in publicity and no trademark uses its school name abbreviation, then the school name abbreviation can be determined by the subject. However, abbreviations of school names are usually used by schools for commercial purposes. If it overlaps with previous trademarks (such as abbreviations of other well-known school names), causing public confusion, it is suspected of infringing on the exclusive right of others to register trademarks. Therefore, it is necessary for schools to prevent the overlapping of school names and abbreviations from causing public confusion.
So how to judge the ownership of school name abbreviation as trademark right? China's Trademark Law follows the principle of first come, first served, and the person who uses or applies for a registered trademark obtains the trademark right first. Even if the university didn't simplify its name.
The right to apply for a registered trademark, but if an unregistered trademark is formed through the use and reaches a certain impact, it can still be protected as a "unique name" according to the second paragraph of Article 5 of the Anti-Unfair Competition Law. Therefore, considering that the earlier time is not necessarily the time of applying for a trademark, if the abbreviation of the school name is used earlier than the application time, then the time when it is used and reaches a certain influence will be taken as the right formation time. For example, 200 1 Nanjing University applied for registration of the "Nanda" trademark in 4 1 Education Service and 42 Technology Research Service. However, if the "Nanda" logo is used before the application time, the time when it is used and reaches a certain popularity shall prevail. Although Nanchang University has not applied for the registration of the "Nanda" trademark, if it uses the "Nanda" trademark, the actual trademark used can prevail.
The previous time used to compare trademarks.
However, it should be noted that the use of school name abbreviations may not be used by the school itself at first, but is widely recognized by the public and used by the media in reports. Then, whether a trademark abbreviation or generic name can acquire rights as a trademark is a long-term controversial issue. In China's judicial practice, trademarks commonly known as "passive use" are recognized. For example, in the trademark case of 20 1 1 Geely Land Rover, the Beijing Higher People's Court finally held that even if there was no active publicity, as long as it was accepted,
Media or trademark holders use the Chinese word "Land Rover" when interviewed by the media, which constitutes the use of trademarks. To take a step back, even if the trademark right given to the abbreviation is not recognized as "passive use", the trademark owner can claim trademark infringement based on the confusion caused by "similar meaning" because of the continuous commercial impression that the abbreviation has a fixed connection with the original trademark.
In addition, it is worth mentioning that the overlapping phenomenon of many school name abbreviations is based on goodwill, and it may be allowed to coexist with the * * * trademark without causing public confusion. For example, doing publicity at the back of the school.
Abbreviations of school names cannot be used alone, but they can be combined with other trademarks (such as the full name or logo of the school) to eliminate public confusion. Article 59 of China's current Trademark Law also allows the existence of trademarks with "appropriate distinguishing marks". In addition, the degree of geographical separation is also conducive to the acceptability of * * * trademarks. For example, there are three schools, Huazhong Normal University, East China Normal University and South China Normal University, which are located in Wuhan, Shanghai and Guangzhou respectively. The three cities are geographically separated and are not easy to cause public confusion. However, in the "Nantah" dispute, Nanjing University is located in Jiangsu Province, while Nanchang University is located in Jiangxi Province. Geographical separation is not obvious, and Nanjing University.
The trademark "Nanda" has been registered, and its effective scope covers the whole country. Therefore, it is unlikely that the trademark "Nanda" of Nanjing University and the abbreviation "Nanda" of Nanchang University will exist legally. In fact, Nanjing University seems to have used Nantah much earlier than Nanchang University, and Nanchang University has another abbreviation "Changda", which is inevitably suspected of infringing on the goodwill of Nanjing University. [4]
Other abbreviations of Nantah
The abbreviation of Nankai University has been determined as Nankai (see the articles of association of Nankai University approved by the Ministry of Education for details), and the abbreviation of Nantong University has always been Tongda. Nankai University and Nantong University have not been involved in the problems and disputes about the abbreviation of "Nanda".