Hong Kong singer G.E.M., whose former music label “Hummingbird Music” registered trademarks related to her, had the registrations invalidated by the Beijing Intellectual Property Office recently.
On January 16 this year, “Hummingbird Music” posted a “copyright statement” on Weibo, claiming exclusive ownership of the recording and copyright of a list of music works, warning against unauthorized use for cover, replication, performance, online dissemination, and other commercial purposes. The list included 103 songs such as “Bubble,” “Sleeping Beauty,” “A.I.N.Y. (Love You),” “My Secret,” and “Has to Be Together No Matter How Far.”
Many fans discovered that G.E.M. was involved in creating more than half of the songs listed, including several of her popular hits like “The Devil from Heaven.” Hummingbird Music emphasized that any unauthorized use would be considered infringement, reserving the right to pursue legal responsibilities. The news about “G.E.M. being registered as a trademark by former label Hummingbird Music” quickly became a hot search topic on Weibo, sparking discussions.
According to the ruling document released by “Qichacha” in mainland China, the Beijing Intellectual Property Office made a final decision that the evidence provided by Hummingbird Music failed to prove the use of the registered trademark for all specified services, such as “organized performances,” during the designated period from April 3, 2020 to April 2, 2023. As a result, the registration of trademark No. 15296857 for “G.E.M.” in Class 41 was revoked, rendering the original trademark certificate void.
G.E.M., known for her powerful vocals, announced her split from Hummingbird Music on March 7, 2019, on Facebook, stating that she terminated the exclusive agency contract with the company and faced unfair treatment, as revealed in a statement issued by her lawyer.
On March 8, 2019, Hummingbird Music responded on its official website, denying any involvement in “breach of contract or illegal activities” and refuting claims of “unfair” or “oppressive” actions towards G.E.M.
Although G.E.M. announced the termination of the contract, it was not recognized by Hummingbird Music. The company stated that it had two contracts with G.E.M. valid until 2022, asserting full ownership of any music works produced by G.E.M. or in collaboration with her during the contract period, along with related trademarks and intellectual property rights.
In the same year, both parties filed breach of contract lawsuits against each other. In G.E.M.’s lawsuit against Hummingbird Music, she claimed that she signed the composer and singer contracts due to false statements by the company, arguing for the contracts’ invalidity. Moreover, G.E.M. accused Hummingbird Music of registering the “G.E.M.” and “Deng Ziqi” trademarks in Hong Kong and mainland China without her consent.
CEO Zhang Dan of Hummingbird Music once told the media, “The registration of G.E.M.’s name was mainly to prevent piracy. We hope there won’t be too much speculation from the public.”
In March 2019, following her departure from the former label, G.E.M. established her own personal studio and swiftly released a song called “Period.” It was considered her emotional journey after leaving Hummingbird Music. On September 9, 2023, G.E.M. posted on Weibo, saying, “The song I tearfully wrote back then, now I can finally sing ‘Period’ with a smile.”
Since leaving her former label, G.E.M. achieved success in 2023 with her music video for the song “Like You” reaching over a billion views, making her the first Mandarin singer with five music videos surpassing a billion views on YouTube. Her previous hit “Light Years Away” had 270 million views, securing a Guinness World Record for the most-viewed Chinese music video on YouTube.
Records show that in 2014, “Hummingbird Music” had registered the stage name “Deng Ziqi” as a trademark. When the two parted ways in 2019, many fans were concerned that G.E.M. might no longer be able to use her name and related music and visual content rights.