The Brand Debate in Zhang Xiaoquan

Zhang Xiaoquan scissors, which first appeared in Hangzhou, are located in Dajing Lane at the foot of Wu Shan. At that time, it was called "Zhang Dalong" scissors workshop. Because of its excellent production, Zhejiang Longquan Yunhe Steel was chosen, and the business was particularly prosperous. However, it led to the impostor of peers. In order to distinguish the fake scissors with the same name, Zhang Xiaoquan changed its name to "Zhang Xiaoquan Scissors Shop" in the Kangxi period of Qing Dynasty to protect its own interests.

It is said that Emperor Qianlong stumbled upon Zhang Xiaoquan scissors during his southern tour and was chosen as a "tribute". Scissors are famous, with 86 scissors under the brand of "Zhang Xiaoquan" at most, and there is a grand occasion of "green hills reflecting blue lagoon and Koizumi filling the streets". Fame is great, and there are more troubles in counterfeiting. Therefore, Koizumi's son added the word "recent record" under the word Zhang Xiaoquan for customers' identification.

In the 16th year of Guangxu, Zhang Xiaoquan spread to Zhang Yongnian, and his mother Sun Shi stopped the sedan chair at the foot of Wu Shan, accusing the businessman of forgery. Therefore, Shu Yun, a magistrate of a county, put up a notice forbidding fraudulent use forever, and carved a stone tablet in front of the store.

But in short, no matter what method is used, it is still difficult to stop Gui Li. In modern times, the dispute over scissors broke out again in Zhang Xiaoquan. 1958, the local state-owned Hangzhou Zhang Xiaoquan scissors factory was formally established. 1964 registered the trademark of "Zhang Xiaoquan", 198 1 year obtained the registered trademark of "Zhang Xiaoquan", and 199 1 year approved the registration of "". "Zhang Xiaoquan" trademark is officially protected by law.

1March, 1999, Hangzhou Zhang Xiaoquan Group Co., Ltd. sued Zhang Xiaoquan Scissors Corporation for the first time, arguing that the other party obviously used the words "Shanghai Zhang Xiaoquan" on its products and packaging, which constituted trademark infringement and unfair competition. After two trials, on July 19, 2004, the Shanghai High Court made a final judgment, holding that the outstanding use of Shanghai Scissors Corporation had its own reasons and did not constitute trademark infringement and unfair competition. However, the judgment requires Shanghai Scissors Corporation to standardize the use of its approved and registered enterprise name in goods and services in the future. The "Zhang Xiaoquan" trademark dispute case has come to an end temporarily.

On June 26th, 2004, Zhang Xiaoquan of Hangzhou bought a stainless steel knife product from Tesco supermarket, which was produced on September 28th of that year.

Hangzhou Zhang Xiaoquan Group Co., Ltd. believes that Shanghai Knife and Shears Corporation's conspicuous use of the word "Shanghai Zhang Xiaoquan" on the product packaging occurred after the judgment of Shanghai High Court came into effect, which constituted infringement and unfair competition on its "Zhang Xiaoquan" character and graphic trademark, so it filed a lawsuit with Hangzhou Intermediate People's Court, requesting that Shanghai Knife and Shears Corporation stop its conspicuous use of the word "Shanghai Zhang Xiaoquan" on its knife and shears products, packaging and signs, and compensate for economic losses of 65,438+.

65438+On February 22, 2005, Hangzhou Intermediate People's Court ruled that Shanghai Knife and Scissors General Store constituted infringement, and ordered it to apologize in a public newspaper and compensate for the loss of 80,000 yuan. Shanghai Knife and Scissors Corporation refused to accept the decision and appealed to Zhejiang Higher People's Court, arguing that its prominent use of the word "Shanghai Zhang Xiaoquan" on products and packaging had specific historical reasons and did not constitute infringement of the trademark of Hangzhou Zhang Xiaoquan Group Co., Ltd., and that there should be a "reasonable period" for standardizing the use of enterprise names after the judgment of Shanghai Higher People's Court came into effect. On July 10, 2006, Zhejiang High Court rejected the appeal and upheld the original judgment. The seven-year "Zhang Xiaoquan" brand dispute has finally come to an end. At present, Zhang Xiaoquan's trademark right belongs to Hangzhou Zhang Xiaoquan, and the registered trademark of Shanghai Zhang Xiaoquan is "Spring" brand scissors. In fact, there is no difference between the two Zhang Xiaoquan. They are all Chinese time-honored enterprises, and their brands and quality are trustworthy. As Chinese time-honored brands are gradually valued by people and their brand value is gradually improved, the protection of time-honored brands will become a problem that must be faced for a long time to come.