Trademark Is Snatch As An Old Brand Protection Problem

Experts argue for litigation

Cheng Laixiang, chairman and general manager of internal Union, said that the convening of the expert demonstration was mainly for the ongoing litigation service of the internal League.

It is understood that the company with the rise in litigation disputes is Fulian Sheng.

Statistics show that since 2006, Fu Lian Sheng has applied to the Trademark Office to register multiple trademarks including "Liansheng" in twenty-fifth categories of commodity clothing, shoes and caps, such as "Fu Lian Sheng", "Xiang Lian Sheng", "Bu Lian Sheng", "Xin Liansheng", "Gifford Liansheng" and other Chinese, Pinyin and graphic pformation combinations.

After knowing the company, the company raised objections and objections to the Trademark Office and the Business Review Committee for the purpose of safeguarding its rights and interests.

In 2009, Fu Lian Sheng footwear company applied to the Trademark Office to apply for registration of "Fulian" FULIANSHENGE and map trademark (hereinafter referred to as "objection trademark"), designated for use in twenty-fifth categories of commodities.

During the period of objection, the internal shoe company raised objections on the grounds that it was similar to the "inner liter" trademark. The Trademark Office ruled that the objection reason was not valid and was approved by the objection trademark.

In 2012, the inner League company refused to accept the ruling of the Trademark Office and submitted a review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board ruled that the two trademark constituted an approximate trademark and was not approved and registered by the trademark.

After that, the company failed to accept the ruling of the Trademark Review and Adjudication Board and filed an administrative lawsuit with the first intermediate people's Court of Beijing, requesting the cancellation of the ruling of the Trademark Review and Adjudication Board.

The first intermediate people's Court of Beijing held that the two trademark did not constitute an approximation, so it decided to cancel the trademark objection reexamination ruling made by the Trademark Review and Adjudication Board and requested the Trademark Review and Adjudication Board to make a ruling again.

At present, the trademark review board and the affiliated company have appealed to the higher people's Court of Beijing, and the case is under further trial.

Whether or not is the key to identification?

The Beijing Commercial Daily reporter learned that whether or not the trademark of Fu Lian rose to the internal League was similar, and the Trademark Office and the Trademark Review and Adjudication Board agreed differently.

Therefore, whether or not it constitutes an approximate problem becomes the core issue of the trademark litigation between the inner League and the Fu Lian.

Li Shunde, director of the Intellectual Property Department of the Chinese Academy of Sciences, said that the purpose of protecting trademarks is to distinguish different sources of commodities and avoid confusion of similar commodities.

In distinguishing between the rise of internal League and the rise of the Fu Lian, we should not only judge from the sound, form and meaning, but also one of the most important problems. "The trademark has caused a lot of misleading to consumers in the process of its use."

Zhang Bing, the former chief judge of the Beijing High Court intellectual property division, also said, "under the contrast of well-known and unknown names, we should not adopt an overall contrast method, but a major part, or a more recognizable part, which can not simply be taken together and considered together".

It is considered that when the application is registered by Fulian, the promotion of internal union is already a well-known trademark. In this case, the well-known trademark should be considered when examining.

Li Shunde said that as an old brand of Beijing, the rise of internal League has become the representative brand of Beijing, and its influence in China is undisputed.

In addition, an expert in intellectual property protection said, "from the source and meaning, when the Federation promoted registration, it was not a conventional usage to think of the two words of" Liansheng ", so it was obviously a brand name.

Cheng Laixiang said that the case is not the first case of IPR protection in IPR, and every year, it should deal with multiple or large intellectual property disputes.

According to Cheng Laixiang, since the restructuring in 2001, the internal League has been actively safeguarding its own rights and interests. The average number of cases of trademark infringement has been averted more than ten thousand a year, and more than ten similar trademarks have been destroyed.

"In order to protect rights, the company has hired legal advisers while engaging in legal counsel. The cost of safeguarding rights has been increasing and the pressure on enterprises is increasing."

The person in charge of the Beijing time honored brand association said, "after years of accumulation, the old brand has a high reputation and a stable consumer group. These enterprises, such as Wang Zhihe, who are famous both at home and abroad, as well as rice village, Rui Xiang, Liu Bi Ju, Xin Yuan Zhai, have all been trapped by trademark lawsuits."

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Dong Baolin, former deputy director of the Trademark Office of the General Administration, also said that many trademarks were registered in China. "As long as you have a reputation, you do not go to register, he goes there, and he can do many things around your registration."

Dong Baolin believes that the fundamental problem of rush registration is integrity. There are too many phenomena of lack of honesty in the current business. "Not only fake products, but fake signs can be regarded as a big problem in our country".

Dong Baolin said.

Liu Ying, a professor at China University of Political Science and Law, also said that under the current market opening situation, some enterprises' excessive use of trademark registration procedures and speculation in legal loopholes have seriously affected the credit system of the whole society.