Why did this YouTuber breakup storm make the startup circle tense their nerves?
Recently, the internal dispute of the YouTuber couple file “Crowd” has shocked many startups and fans. Andy revealed in the video of his personal channel that he and Jianing had been running the channel together for many years, but they were dismissed from the company after the breakup, and even found that the brand name “Crowdweight” was actually registered as a trademark by Jianing’s mother (Zhang’s mother) in her personal name.
The brand and content he worked so hard to manage may not belong to him legally at all. This kind of situation not only happens to well-known creators, but it may also be the blind spot that you and I are most likely to ignore in the early days of entrepreneurship.
The trademark does not belong to whoever operates it, but to whoever registers it
Many people mistakenly believe that as long as it is a self-created brand, a self-designed logo, and a self-managed content, they automatically have brand ownership. However, in law, the trademark right belongs to the person who files the application first and successfully registers it.
According to the regulations of the Taiwan Intellectual Property Office, trademarks are registered on a first-in-first-served basis. Once someone else takes the lead, even if you are the original creator, you may not be able to claim your rights, unless you can prove that the other party applied in bad faith and violated the principle of good faith, and you must file an objection or revocation within five years.
[3 trademark issues you should check right away]
Master the 5 keys to trademark registration that you must understand in the early stage of entrepreneurship to avoid letting the fruits of hard work become assets in other people’s pockets:
What is a trademark? Why do brands need it?
A trademark is a “sign that can be used to distinguish the source of goods or services”, and it can be words, graphics, color combinations, sounds, or even three-dimensional shapes. For startup brands, the most common trademark is yours:
- Brand name (e.g. Mujin Design)
- Logo pattern
- Product name or slogan (e.g., “whitening maintenance to drink”)
Only a registered trademark has legal effect, and it can prohibit others from using similar names, request removal from the shelves, or even file infringement lawsuits. If you don’t register, even if you have used it for many years, others may lose your rights and interests if you preemptively register, or even be forced to change your name and remove the product from the shelves.
2. Before designing the logo, confirm the direction of the trademark
Many entrepreneurs invest in logo design at the beginning, but only to find out afterwards:
- The name of the design has already been registered
- Trademark graphics that fail to pass the examination (too generic and not recognizable)
- The name is too similar to the competitor and is prone to controversy
3. How to integrate trademark design and brand design?
Design and regulations are sometimes not fully compatible. A visually appealing logo is not necessarily easy to be registered as a trademark. Here are some suggestions for integration:
- Combination of graphics and text: Design a version of the word mark that can use the brand word alone
- Avoid over-decoration: Patterns that are too complex may be difficult to identify and register
- Preserve legibility: The logo must still be legible after being downsized, printed, or converted
- Consistent style: The overall design style must be consistent with the brand image, which is conducive to market recognition and extension
💡 Mujin Design provides brand design + trademark application consulting integration services, so that entrepreneurs can save the trouble of running at both ends and inconsistent styles.
4. What happens if you don’t have a registered trademark? Let’s take a look at the worst
Here are some common real-world scenarios:
- If a trademark is preemptively registered by others, you can no longer use it
- After using it for many years, he received an infringement notice letter and was forced to change his name completely
- When a partnership is started, the trademark is registered in the name of a single person, and it cannot be negotiated when it breaks up or dissolves
Just like in Andy’s case, the “crowd-weight” brand he had operated for many years eventually lost the right to use it because the registrant was legally “Jia Ning Mama”.
📌 Reminder: If you have a design brand, logo, or product name, but you haven’t registered a trademark yet, now is the perfect time!
V. Introduction to the Trademark Application Process (Taking Taiwan as an Example)
Design and regulations are sometimes not fully compatible. A visually beautiful logo is not necessarily a trademark search (it is recommended to entrust a professional to assist in searching for similar trademarks)
(o) Preparation of application materials: reproduction of the trademark, class of goods/services used
(s) Apply to the Intellectual Property Office (you can apply on your own or by appointing a lawyer/trademark firm)
(R) The review process takes about 6~8 months
(b) Valid for 10 years after approval and renewable
💡 Multi-purpose classifications (e.g., apparel, food, design services) can be applied for in advance to avoid duplicate applications for future expansion.