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The words "Sinopharm group" and "China biology" have been approved and issued by the Trademark Office of the State Intellectual Property Office.
The trademark confirmation of "China Bio" will effectively crack down on external infringement and unfair competition, and promote the protection of China Bio brand to a new situation.
According to an official document issued by China Bio, this marks a major landmark achievement in its brand building work.
微信图片_20220826202028.jpgWith regard to the examination of trademarks with the word "Guo", China has always been strict in examining trademarks with the prefix "China" or "Guo".
Article 10, paragraph 1, item 1 of the trademark law stipulates that "the same as or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, Military Anthem, medals, etc. of the people's Republic of China, and the same as the name and logo of the central state organ, the name of the specific location or the name and graphics of the landmark buildings" shall not be used as a trademark.
In addition, the following two points need to be considered when reviewing the "Guo" trademark.
1、 Item (7) of paragraph 1, Article 10 of the trademark law is to see whether the trademark is easy to cause the public to misidentify the content, quality and other characteristics of the service or the source of the service.
2、 Consider whether the trademark involves "other adverse effects" specified in Item (8) of paragraph 1, Article 10 of the trademark law.
The trademark of "national essence" applied for by globegroup fine wine was found invalid, and the trademark application of "National Liquor Maotai" encountered 100 objections for 17 years and finally failed to register. On June 12, 2019, Li Baofang, Secretary of the Party committee, chairman and general manager of Maotai Group Company, said that the trademark of "National Liquor Maotai" would be discontinued before June 30. The announcement of the court's trial results means that the trademark dispute case of "National Liquor Maotai" has officially ended.
The "national liquor Fenjiu" of Xinghua village was refuted. Shanxi Xinghua village Fenjiu, like Maotai, was once used as the main liquor at state banquets. The trademark of "state banquet Fenjiu" was rejected by the Trademark Office on the ground that "state banquet" is a grand banquet held by the head of state or government on behalf of the state to entertain guests. It is a kind of treatment enjoyed by guests in international exchanges. As a trademark, this text is liable to have adverse social impact.
微信图片_20220826202040.jpgThe previous trademark application for "China Express" was also rejected. The Trademark Office held that the designated use of the applied trademark "China Express" in "package delivery" and other services lacked salience and could not be registered as a trademark. The evidence submitted by the applicant was insufficient to prove that the applied trademark had obtained distinctive features and was easy to identify, and could be registered as a trademark. Many cases of trademark registration failure or invalidation with the word "Guo".
微信图片_20220826202044.pngThen, why can "China biology" and "Sinopharm group" be successfully registered?
In fact, some "Guo" trademarks have been approved for registration, but this is only a very small number
[example 1]
For example, "China Post" China Post Group is a large state-owned enterprise established in accordance with the law of the people's Republic of China on industrial enterprises owned by the whole people. China Post Group Corporation is an investment institution authorized by the State Council and undertakes the obligation of maintaining and increasing the value of state-owned assets. The Ministry of finance is the state-owned assets management department of China Post Corporation. The successful registration of China post logo has its historical and political factors.
[example 2]
Another example is "China gold". China Gold Group Co., Ltd. is a state-owned enterprise in China's gold industry approved by the State Council, and "China gold" is the abbreviation of the enterprise approved by the state owned assets supervision and Administration Commission. After long-term use and extensive publicity, it is unique and well-known in China and has trademark significance. Therefore, despite the objections of nine units, it was still successfully approved for registration.
[example 3]
There is also "China Jewelry". China Jewelry Import and Export Co., Ltd. is a central enterprise supervised by the state owned assets supervision and Administration Commission of the State Council. It is now the only Chinese representative of the international jewelry Federation, the vice president unit of the China Jewelry Industry Association, and the vice president unit of the gold and silver jewelry industry chamber of Commerce of the all China Federation of industry and commerce. The overall meaning of "Chinese jewelry" is different from the national name, and it does not violate the provisions of Article 10, paragraph 1 (1) of the trademark law before the amendment.
What about Sinopharm group and China Bio? According to Baidu Encyclopedia, China Pharmaceutical Group Co., Ltd. (hereinafter referred to as "Sinopharm group") is a pharmaceutical and health industry group with the largest scale, the most complete industrial chain and the strongest comprehensive strength in China directly managed by the state owned assets supervision and Administration Commission of the State Council.
微信图片_20220826202049.pngAccording to the online information, China Biotechnology Co., Ltd. ("China Biotechnology") was founded in 1919, formerly known as the central epidemic prevention Office of Beiyang government. After the founding of new China, it was directly under the leadership of the Ministry of health. Now it is an important member of the world's top 500 China Pharmaceutical Group Co., Ltd. It is a comprehensive biopharmaceutical enterprise with a long history, complete products and large scale in China, integrating scientific research, production, sales and postgraduate training.
微信图片_20220826202052.pngAccording to the official documents issued by China Bio, in recent years, Sinopharm group and China Bio have made important contributions in the global fight against COVID-19. As the national team of bio medicine and the main force of scientific and technological fight against covid-19, China Bio has independently developed 4 covid-19 diagnostic reagents, 4 covid-19 specific therapeutic drugs and 4 covid-19 vaccines on three technical routes focusing on the three fields of "diagnosable, treatable and preventable".
China's covid-19 vaccine has been approved for registration, marketing or emergency use in 119 countries, regions and international organizations around the world, covering 196 countries.
China Bio's contribution to the global fight against the epidemic has been fully recognized by all circles of society at home and abroad. The popularity and reputation of the "China Bio" brand have been greatly increased, and the brand construction has been promoted.
Under the guidance of relevant units, with the promotion and assistance of leaders of Sinopharm group and China Bio, the written trademark of "China Bio" was officially registered, and important achievements in brand intellectual property work were achieved.
"Sinopharm group" and "China biological" trademarks have been successfully approved for registration, which comply with the trademark examination regulations. If the application is made by a qualified subject authorized by the relevant national departments and will not have a negative and negative impact on China's social and public interests and public order, the prohibition provisions are not applicable. The applicant shall provide relevant written supporting documents. "
This also shows that the two trademarks do not violate the relevant provisions of the trademark law, and are significant. Consumers can effectively distinguish them without causing consumers' misunderstanding. As an enterprise directly under the SASAC, it will not cause adverse effects.
"China biological" issued a document, and the trademark confirmation of "China biological" will effectively crack down on external infringement and unfair competition, and promote the protection of China biological brand to a new situation.
The successful registration of the "China biological" trademark will effectively curb trademark infringement, which is beneficial to promoting consumers to distinguish trademark sources and protecting consumers' rights and interests.
微信图片_20220826202057.jpgThe standards for examination and Adjudication of trademarks with "China" and the first word of "country" clearly stipulates that the application for "country + trademark designated commodity name" as a trademark or the trademark containing "country + trademark designated commodity name" shall be rejected on the grounds that it "constitutes exaggerated publicity and is deceptive", "lacks significant characteristics" and "has adverse effects".
Enterprise operators, whether applying for registration or using trademarks, should try to avoid the word "country" as carefully as possible! If it is a state-owned enterprise and is approved by the State Council and other authorities, such as "China Petroleum" and "China Post", it can analyze whether it can be registered according to the specific query results.
However, it is not allowed to exaggerate brand publicity by the light of the word "country". Such behavior may bring confusion and adverse effects to consumers, and even damage the legitimate rights and interests of consumers.
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