Dezhou grilled chicken in Shandong Province, Fuliji roast chicken in Anhui Province, Goubangzi smoked chicken in Liaoning Province and Daokou roast chicken in Henan Province are known as the four famous chickens in China. They have a long history and a long reputation! However, while these time-honored brands gain good reputation, they also encounter many problems of being counterfeited by famous brands and Shanzhai. Therefore, the trademark disputes of these time-honored brands are continuing!
It is understood that Dezhou grilled chicken, a Chinese time-honored brand, was established in 1692 and has a history of more than 300 years. During his southern tour, Kangxi stayed in Dezhou and praised Dezhou grilled chicken as "a wonder in China".
By 2020, there are 84 enterprises with production qualification and more than 100 workshop style grilled chicken processing stores in Dezhou grilled chicken industry. Among them, the largest and most authentic roasted chicken producer is Dezhou grilled chicken company preparing for IPO, mainly producing Dezhou grilled chicken.
"Dezhou grilled chicken" trademark is not want to use can use!
In November 2018, Dezhou grilled chicken company sued Shandong Fangguan Food Co., Ltd. (hereinafter referred to as Fangguan company) and Zhangqiu Dongfang cold storage Trading Co., Ltd. (hereinafter referred to as Dongfang cold storage company) for infringing the trademark right of "Dezhou grilled chicken" No. 3892642 to the intermediate people's Court of Jinan City, Shandong Province. Dezhou grilled chicken company found that Fangguan company marked "Dezhou grilled chicken" on many products, and Fangguan company's own trademark was marked in the upper left corner of the goods, and the font was obviously smaller than "Dezhou grilled chicken". It was considered that Fangguan company had seriously violated the exclusive right of the registered trademark of Dezhou grilled chicken company.
The court of first instance held that the Trademark No. 3892642 "Dezhou grilled chicken" was legal and effective, and Dezhou grilled chicken company, as the exclusive owner of the trademark involved in the case, should protect its legitimate rights and interests.
According to Article 48 of the trademark law, the use of a trademark refers to the use of a trademark in goods, packaging or containers of goods and in trade documents, or in advertising, exhibition and other commercial activities to identify the source of goods. In this case, the words "Dezhou grilled chicken" appeared on the packages of the three kinds of grilled chicken products accused of infringement, and they were in the position most easily recognized by ordinary consumers, and the font was far larger than other words in the package, which could easily attract the attention of consumers, and actually played a role in identifying the source of the goods. The court held that the defendant Fangguan company was involved in the three types of grilled chicken production The use of "Dezhou grilled chicken" on the package constitutes trademark use.
The judgment is as follows:
1、 The defendant Zhangqiu Dongfang cold storage Trading Co., Ltd. immediately stopped selling the products that infringed the plaintiff's No. 3892642 trademark of "Dezhou grilled chicken"; 2. The defendant Shandong Fangguan Food Co., Ltd. immediately stopped producing and selling products infringing the plaintiff's No. 3892642 "Dezhou grilled chicken"; 3. The defendant Shandong Fangguan Food Co., Ltd. shall compensate within 10 days from the effective date of this judgment The plaintiff Shandong Dezhou grilled chicken Co., Ltd. suffered economic losses and reasonable expenses totaling 150000 yuan; fourthly, it rejected other claims of the plaintiff Shandong Dezhou grilled chicken Co., Ltd.
Fangguan company refused to accept the first instance judgment, and then filed an appeal to Shandong Higher People's court. Fangguan company believed that "Dezhou grilled chicken" should be recognized as the common name agreed, while Fangguan company's use of "Dezhou grilled chicken" was legitimate and non trademark.
The court of second instance held that the facts of the first instance judgment were clear and the verdict was correct, which should be maintained. Fangguan company is still not satisfied.
Subsequently, Fangguan company again appealed to the Supreme People's court. The Supreme Court held that the Trademark No. 3892642 "Dezhou grilled chicken" claimed by Dezhou grilled chicken company in this case is still a valid registered trademark, and its exclusive right of registered trademark is protected by law, and the retrial application of Shandong Fangguan Food Co., Ltd. was rejected.
So far, after three court trials, the Supreme Court decided that Fangguan company's trademark infringement ended. The ruling will, to some extent, remove an obstacle to the IPO journey of Dezhou grilled chicken.
In recent years, there are more and more trademark infringement cases of time-honored brands, such as daoxiangcun, Quanjude and other time-honored brands have encountered trademark infringement problems. Improving the protection ability of "time-honored brand" trademark is not only conducive to the extension, transformation and value-added of time-honored brand, but also helps to build a brand strategic safety net for the future development of time-honored brand enterprises, and is more conducive to the inheritance and development of time-honored brands and enhance the influence of traditional Chinese culture.
It is suggested that time honored enterprises:
First, trademark registration should be carried out in time, and trademark layout should be carried out in advance to prevent the phenomenon of trademark rush registration.
Second, attention should be paid to the standard use of trademarks, limited to the original logo and the original scope of use.
Third, we should improve the awareness of evidence preservation and the ability to collect evidence, keep the evidence of historical development, late publicity, business amount and other aspects, and timely collect evidence to protect rights in case of infringement.
Fourth, time honored enterprises should not only "keep the land" but also bring forth new ideas. Constantly adapt to social development and improve the core competitiveness of time-honored brands. Strengthening the protection of intellectual property rights of enterprises is the best "tonic" to polish the market brands of time-honored brands and safeguard the rights and interests of time-honored brands.
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