The general routine of making tea is to find a base to sign a cooperation agreement in the core tea producing area, and then find a company to do OEM, claiming that your products are produced in the core tea producing area. Most tea packages are not standardized, some will be printed with information such as manufacturers, plus their own registered trademarks, and some will hardly be marked with information and trademarks, but will clearly mark the name of tea, such as "Pu 'er tea".
Is there a license to use Pu 'er tea?
I asked, have you got permission to use the word "Pu 'er tea"?
The customer was surprised: "Mr. Wang, you are a lawyer." Pu 'er tea is the name of a product. Do you still need a license for the product name that everyone can call? "
"Pu 'er tea" is a geographical indication trademark.
"Pu 'er Tea" was registered as a geographical indication certification trademark by Yunnan Pu 'er Tea Association in 2003, and the use of the trademark must be approved by the obligee.
Geographical indications certification trademarks have strict management rules and must meet the conditions before they can be licensed. What are the specific conditions? It can be found in the registration announcement of Pu 'er tea in official website of the Trademark Office.
Counterfeiting geographical indications has become a hot topic.
A good friend of mine is engaged in "Pu 'er tea" anti-counterfeiting. He is the founder of a famous anti-counterfeiting platform, and they signed an anti-counterfeiting agreement with Pu 'er Tea Association.
According to official website of the Trademark Office, there are nearly 200 licenses for the use of Pu 'er tea, and there are still many unauthorized uses of Pu 'er tea in the market. Due to the large number of cases, it can be handled in batches to attract professional anti-counterfeiting institutions and platforms to carry out anti-counterfeiting business of geographical indications. In the near future, a large number of merchants will be sued and complained for infringing the trademark right of Pu 'er tea.
I still can't figure it out. Look at the case.
The customer said that everyone is calling "Pu 'er tea", which means you can call it.
"West Lake Longjing" and "Pu 'er Tea" are the names of tea products you mentioned, right? West Lake Longjing Tea Industry Association is the right holder of "West Lake Longjing". You can go to the Supreme Court official website: China Judgment Document Network (/) with the keyword "Longjing Tea Industry Association in Xihu District", you can retrieve 15 17 litigation documents, which is almost 1500 cases, and the number of cases is very large.
Open the verdict and compare it If you are sued, will you be liable for compensation?
Lawyer Wang suggested
Geographical indications defend rights in storm warning on a large scale. Before you go to storm warning, please regulate yourself in advance. When you are sued, you will lose a lot.
202 1 April