The beginning and end of Dawa’s “trademark fight”

Since the beginning of the Dawa dispute, at the end of 2007, Daneng achieved its goal of low-price mergers and acquisitions. On the one hand, through the French government’s measures While pressuring the Wahaha Group for peace talks with it, on the eve of the peace talks, it also raised objections to the National Trademark Office and the Trademark Review and Adjudication Board against trademarks such as "Shuang Wai Wai", "Activate" and "Simu" owned by the Wahaha Group that have nothing to do with it. Or apply for reexamination, and among the many trademark objections or reexamination applications submitted by Danone, there are many trademarks that have already passed the dispute period stipulated in the "Trademark Law", and Wahaha Group has been approved and registered by the National Trademark Office as early as five or six years ago. .

Wahaha Group believes that: Wahaha Group, as an independent civil legal entity and not a subsidiary of Danone Group, enjoys complete autonomy and the right to survival and development in accordance with Chinese law. Its application for registered trademarks in accordance with the law is the "Trademark the legal rights conferred by the Act. Trademarks such as "Nutritional Express", "Shuang Wai Wai" and "Activate" are all trademarks designed and developed by Wahaha Group, and they were indeed licensed to the joint venture company free of charge. However, it is obviously impossible for Danone Group and its subsidiaries to file objections or review applications against these trademarks of Wahaha Group, or even request that these trademarks be transferred to the joint venture company free of charge!

Danone’s opposition application was rejected

In July 2008, the National Trademark Office made a (2008) trademark variant in the “Shuang Wai Wai” opposition case, one of Danone’s opposition applications. Ruling No. 05023 found that the objection raised by the opponent Jinjia Company was untenable and the "Shuang Wai Wai" trademark applied by Wahaha Group should be approved for registration. Later, Danone objected to the Trademark Office’s ruling and requested a review.

In this regard, legal experts pointed out that Danone’s move to expand its battle with Wahaha from joint venture disputes to the trademark field is obviously a malicious use of trademark opposition and review procedures in an attempt to acquire Wahaha at a low price Another clumsy means for the group's purpose. Although some of Danone's objections and reexamination applications are still under review due to the trial period, the law is certainly fair, and any unreasonable or even rogue request cannot be supported by the law. Therefore, the law will eventually give Wahaha justice!

In July 2008, the National Trademark Office issued a (2008) Trademark Identity No. 05023 "Ruling" on the "Shuang Wai Wai" opposition case, one of Danone's objection applications, and determined that the opponent Jin Jia The company's objection cannot be established, and the "Shuang Wai Wai" trademark applied by Wahaha Group should be approved for registration.