A trademark is a mark used to distinguish one operator’s brand or service from the goods or services of other operators.
my country’s Trademark Law stipulates that for trademarks approved and registered by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks, the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. If it is a well-known trademark, Will obtain cross-category trademark exclusive legal protection.
Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify the source of goods or services, or to license others to use them for remuneration.
Broadly speaking, trademarks promote a positive and enterprising spirit around the world by rewarding trademark registrants with recognition and economic benefits.
Trademark protection also prevents unscrupulous competitors, such as counterfeiters, from using similar distinctive marks to promote inferior or different products or services. This system enables skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, thereby promoting the development of international trade.
Trademarks are an important part of product and packaging decoration. A trademark with exquisite design, profound meaning, novelty and unique personality can well decorate products and beautify packaging, making consumers happy to buy.
Extended information:
How to determine whether a registered trademark is deceptive? Recently, the dispute between Zhejiang Tapai Shaoxing Liquor Co., Ltd. (hereinafter referred to as Tapai Company) and COFCO Great Wall Liquor Co., Ltd. (hereinafter referred to as COFCO Liquor Company) once again raised the issue of "deceptive trademark" for trademark applicants. Alarm bell.
Recently, the dispute between the two parties has made new progress. According to the final judgment issued by the Beijing Higher People's Court, the court determined that the trademark No. 10895337 "PAGODA BRANDDONGNIANG and pictures" (hereinafter referred to as the disputed trademark) is used on other approved goods other than rice wine, which will easily cause the relevant public to have doubts about the goods. The production technology, processing methods, production time and other characteristics may lead to misunderstanding, and its use on rice wine, sake, rice wine and other Class 35 commodities is deceptive.
At this point, the dispute between the two parties has come to an end. The Trademark Review and Adjudication Board (hereinafter referred to as the Trademark Review and Adjudication Board)’s ruling to declare the disputed trademark invalid was finally revoked, and the ruling was ordered against COFCO Liquor Company’s claim regarding the disputed trademark. request for a new ruling on the invalidation declaration.
The registered trademark is in danger of being invalidated
The reporter learned that Tapai Company was registered and established in January 1995 and was recognized as a traditional handmade Shaoxing rice wine brewing demonstration base in October 2013. .
Tapai Company submitted a registration application to the Trademark Office on May 10, 2012, and was subsequently approved for registration through the opposition procedure. On August 14, 2013, it was approved for use in fruit wine (containing alcohol), wine, Alcoholic beverages (except beer), rice wine, sake, rice wine, cooking wine, shochu and other Class 33 commodities.
On February 2, 2016, COFCO Liquor Company filed a request for invalidation with the Trademark Review and Adjudication Board for the disputed trademark, claiming that the use of the disputed trademark on alcoholic products directly affects the production technology, processing methods and quality of the products. The description lacks the distinctive features that a trademark should have.
At the same time, the "Handmade" series of trademarks are uniquely created by COFCO Liquor Company, which has the prior right to use the "Handmade" trademark. The disputed trademark is different from the "Handmade" trademark that has been used previously and has a high reputation. "Brewed" is similar to "Huang Zhonghuang Handmade Brewing" and other series of trademarks, which is a preemptive registration of their trademarks and damages their prior right to use.
In addition, the registration of the disputed trademark is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the goods. The registration of the disputed trademark will disrupt the market order and cause adverse social impacts.
It is reported that Tapai Company did not respond to the Trademark Review and Adjudication Board within the statutory period.
On October 28, 2016, the Trademark Review and Adjudication Board issued a request for invalidation and ruled that the disputed trademark as a whole did not directly express the characteristics of the production technology and processing methods of the approved goods, nor was it harmful to socialist morals. or other signs of adverse effects.
COFCO Wine Company has no evidence that it uses "Handmade" as a trademark alone, and the disputed trademark is the same as "Huang Zhonghuang Handmade" which COFCO claims was previously used and has a certain reputation. There are obvious differences in the name and appearance of the series of trademarks. Tapai Company did not use improper means to preemptively register the trademarks that COFCO Liquor Company has already used and has certain influence.
However, the Trademark Review and Adjudication Board believes that the disputed trademark is registered and used on wine, rice wine and other alcoholic products, which may easily lead consumers to think that the products marked on it are hand-brewed in winter, and then approve the use of the disputed trademark on the goods. The production technology, processing methods, production time and other characteristics may lead to misunderstandings. In summary, the Trademark Review and Adjudication Board ruled that the disputed trademark should be declared invalid.
Tapai Company was dissatisfied with the ruling of the Trademark Review and Adjudication Board, and subsequently filed an administrative lawsuit with the Beijing Intellectual Property Court, and submitted the "Tapai Handmade Winter Brewing" product inspection report and "Tapai Handmade Brewing" process introduction to the court. , the honors obtained by "Tapai Handmade Winter Brewing" rice wine and other evidence, based on this, it is claimed that the company's "Handmade Winter Brewing" products are brewed using manual brewing technology at low temperatures in winter, and the "Handmade Winter Brewing" series products have The characteristics of the disputed trademark will not cause confusion among consumers.
Whether it is deceptive or not can be clarified
The Beijing Intellectual Property Court held that "handmade winter brewing" is a processing technology and method for alcoholic products, which means "handmade winter brewing". "Brewing", the evidence submitted by Tapai Company can prove that the rice wine it produces uses manual brewing methods. The description of the disputed trademark neither deviates from the inherent characteristics of the goods nor is inconsistent with the facts, so the disputed trademark is not deceptive.
At the same time, the "tower brand and picture" in the disputed trademark are not directly related to the goods approved for use of the disputed trademark, and have strong distinctiveness. Although "handmade winter brewing" is a kind of processing of alcoholic goods process and method, but the relevant public recognizes the trademark through the trademark as a whole. When the "tower and picture" have strong distinctiveness, the disputed trademark should not be deemed to have no distinctive features.
In summary, the first-instance judgment of the Beijing Intellectual Property Court revoked the Trademark Review and Adjudication Board’s ruling and ordered the Trademark Review and Adjudication Board to make a new ruling.
The Trademark Review and Adjudication Board was dissatisfied with the first-instance judgment and appealed to the Beijing Higher People's Court, claiming that "handmade winter brewing" is a processing technology used to describe the production technology, processing methods and other characteristics of designated goods. The Chinese character combination "handmade winter brew" in the disputed trademark is relatively independent in the mark and is a prominent part of the recognition.
The disputed trademark is used on wine, shochu and other alcoholic products, which may easily cause the relevant public to misunderstand the production process and other characteristics of the goods with the disputed trademark approved.
The Beijing Higher People’s Court held after hearing that the disputed trademark is a combination of the Chinese “Pagoda brand” and “handmade winter rice wine”, the English “PAGODA BRANDDONGNIANG” and graphics. “Tapai” and “handmade winter rice wine” ” are all distinctive identifying parts of the disputed trademark.
Although "handmade winter brewing" is a processing technology and method for rice wine products, the evidence on record is not enough to determine that the disputed trademark is used on rice wine products, which may easily cause the relevant public to have doubts about the production process and production of rice wine products. Characteristics such as processing methods and production time may lead to misidentification.
However, the use of the disputed trademark on other approved goods such as wine, rice wine, and soju can easily cause the relevant public to misunderstand the production technology, processing methods, production time and other characteristics of the relevant goods. Use on merchandise is deceptive.
To sum up, the Beijing Higher People’s Court finally rejected the Trademark Review and Adjudication Board’s appeal and upheld the first-instance judgment. (Wang Guohao) Baidu Encyclopedia - Trademark People's Network - How to determine whether a registered trademark is deceptive?