Hong Kong singer G.E.M.’s former company “Hummingbird Music” had registered trademarks related to G.E.M., which was recently invalidated by the Beijing Intellectual Property Office.
On January 16 of this year, “Hummingbird Music” posted a copyright statement on Weibo: “Our company (Hummingbird Music Limited) is the exclusive owner of the recording and publishing rights of the music works listed below. Without our permission, any unit or individual is prohibited from using the listed music works for cover, reproduction, performance, online transmission, and other commercial purposes.” They detailed a list of 103 songs, including “Bubble,” “Sleeping Beauty,” “A.I.N.Y. (Love You),” “My Secret,” “How Far Must We Be Together,” among others.
Many fans noticed that G.E.M. was involved in the creation of more than half of the songs listed, including several hit songs like “Devil from Heaven.” Hummingbird Music emphasized that any unauthorized use constitutes infringement, and the company reserves the right to pursue legal responsibilities. The keyword “G.E.M. registered as a trademark by former company Hummingbird Music” quickly trended on Weibo, sparking discussions.
Recently, the ruling published by “QCC” in mainland China indicated that the Beijing Intellectual Property Office made a final judgment: the evidence provided by Hummingbird Music could not prove the use of the registered trademark in all designated services, such as “organizing performances,” during the specified period (April 3, 2020, to April 2, 2023). Therefore, the registration trademark “G.E.M.” under No. 15296857 in Class 41 was revoked, rendering the original trademark registration certificate invalid.
G.E.M., known for her powerful vocals, announced her departure from Hummingbird Music via a Facebook post on March 7, 2019. She declared the termination of her exclusive management contract with the company and disclosed unfair treatment.
On March 8, 2019, Hummingbird Music released a statement on its official website, denying any involvement in “breach of contract or illegal activities” and refuting claims of “unfair” or “oppressive” treatment towards G.E.M.
Despite G.E.M. announcing the termination of the contract, Hummingbird Music did not acknowledge it. The company stated that they signed two contracts with G.E.M., valid until 2022, giving them complete ownership of any music works produced by G.E.M. or collaborated on during the contract period, including recording rights, trademarks, and intellectual property.
In the same year, both Hummingbird Music and G.E.M. sued each other for breach of contract, leading to a legal dispute. In G.E.M.’s lawsuit against Hummingbird Music, she claimed that she signed the composer and singer contracts due to false representations by the company, arguing the contracts’ invalidity. Additionally, she accused Hummingbird Music of registering the “G.E.M.” and “G.E.M.” trademarks in Hong Kong and mainland China without her consent.
CEO Zhang Dan of Hummingbird Music responded to the media, stating: “The company registered G.E.M.’s name mainly to prevent piracy. We hope the public will not make too many speculations.”
In March 2019, after leaving her former company, G.E.M. established her personal studio and quickly released a song titled “Period.” This track was considered G.E.M.’s emotional journey after parting ways with Hummingbird Music. On September 9, 2023, G.E.M. posted on Weibo: “The song I wrote with tears back then, now I can finally sing ‘Period’ with a smile.”
Since parting from her old company, in 2023, G.E.M.’s music video for the song “Like You” surpassed millions of views, making her the first Mandarin singer with five music videos reaching over a hundred million views on YouTube. Previously, her MV for “Light Years Away” reached 270 million views, certified by the Guinness World Records as the most-viewed Chinese MV on YouTube.
Records show that in 2014, “Hummingbird Music” had already registered ‘G.E.M.’ as a trademark. When the two parties parted ways in 2019, many fans were concerned that G.E.M. might not be able to use her own name and related music and video copyrights.