Current Position: Home > IP News > Brand "Bubble Mart POPMART" trademark rights protection

I don't know when the blind box became popular. The same box contains different product styles. The brand "Bubble Mart POPMART" has been a very popular brand in the past two years. However, the brand still cannot escape the fate of being imitated.

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The plaintiff, Beijing Bubble Mart Company, was founded in 2010. At the same time, the plaintiff is also the obligee of the registered trademark "POPMART".

The "POPMART" logo marked on the packaging box, paper card and toy accessories of the plaintiff's blind box toys and the logo on the packaging box and toy accessories are all the same as the plaintiff's registered trademark.

At the same time, the plaintiff's authentic products were sold in online and offline direct stores, without franchise authorization, and its products were not sold to other businesses. In addition, the genuine products have anti-counterfeiting marks, and the product package cannot be restored once it is opened.

However, the price of the defendant's Nanjiahui clothing store was significantly lower than the price of the authentic products, the product appearance was rough and the quality was low, and the store involved was located in a large shopping mall, so the defendant was likely to have access to the authentic products.

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The plaintiff believed that the defendant, without the plaintiff's permission, used in its business activities the works of which the plaintiff enjoyed copyright and trademark rights.

According to the provisions of the Trademark Law of China and the implementing regulations of the Trademark Law, the defendant's behavior has constituted an infringement, which has not only seriously damaged the plaintiff's long-term accumulated market popularity and reputation, but also seriously damaged the property rights and interests of the plaintiff and consumers.

The defendant argued that the products sold by the defendant had legal sources, and the defendant purchased the alleged infringing products from Guangzhou XX Firm and Guangzhou XX Company, so the defendant should not bear the liability for infringement.

Finally, as the registrant of the above registered trademark, the plaintiff has the exclusive right to use the above registered trademark within the scope of approved use of goods, and has the right to prohibit others from infringing within the scope of protection of the exclusive right to use the registered trademark.

The defendant did not object to the fact that the accused infringing product was sold, and the court confirmed it.

The plaintiff requested the defendant to stop selling the infringing products and destroy the inventory of infringing products, which was supported by the court on the basis of facts and laws. The defendant is required to immediately stop selling the goods that infringe the plaintiff's exclusive right to use the registered trademark and destroy the inventory of infringing products.

Therefore, no matter whether the products to be sold come from the production and sales of our company or are purchased and sold from others, we should find out whether the product information is compliant or genuine, otherwise we will pay a certain price for our own behavior.

The Trademark Law stipulates that the licensor shall supervise the quality of the goods for which the licensee uses its registered trademark.

The licensee shall guarantee the quality of the goods with the registered trademark. Where a person is permitted to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods in respect of which the registered trademark is used.

Note: The pictures and texts come from the network. If you have valuable suggestions, please feel free to contact us to revise and update!


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