"GPHL doesn't have the exclusive right to use the trademark of Wang Laoji for porridge products, so GPHL has no right to grant it on porridge products at all. GPHL's act of authorizing Guangliang Industry to use the trademark of Wang Laoji violates the principle of good faith." Yang Aixing, vice president of Jiaduobao Group, said. In addition, Jiaduobao said that the company is opposed to blindly diversifying the Wang Laoji brand.
Regarding the above statement of Jiaduobao, Shi Shaobin, deputy general manager of GPHL, told China Business News: "Wang Laoji is a well-known trademark in China owned by GPHL, and we are applying for and authorizing the trademark categories that are not yet available."
Controversial trademark rights of porridge products
At the end of March, it was reported from Chengdu Spring Sugar and Wine Party that GPHL had licensed some trademarks of Wang Laoji to Guangliang Industry for production and operation, and now it has launched health-preserving foods-Wang Laoji Guyuan porridge and Wang Laoji lotus seed mung bean refreshing. This is the re-authorization of Guangzhou Pharmaceutical Group after it authorized the trademark of Wang Laoji in the red jar to Jiaduobao Group in 1997.
At yesterday's press conference, Yang Aixing quoted the relevant information of China Trademark Network, saying that "GPHL has not obtained the trademark right of Wang Laoji porridge products".
The reporter inquired about China Trademark Network and learned that in the trademark with the registration number of 66731, the applicant Wang Fusheng applied for the trademark right of porridge products, but the trademark process was shown as "objection", that is, "objection application or supplementary materials were received, pending trial".
"The above process means that no one owns the trademark right of porridge." Zhang Zhifeng, a partner of Beijing Huijia Law Firm, told this reporter that according to the Trademark Law, anyone can raise an objection to the preliminarily approved trademark within three months from the date of the announcement of the preliminary approval. The above trademark process means that someone has raised an objection to Wang Fusheng's application for the trademark of Wang Laoji's porridge products, and it is still in the trial state. The Trademark Board has not finally announced the trial results, which means that Wang Fusheng has not yet obtained the trademark certificate.
However, Shi Shaobin said that Guangyao and Guangliang made it clear when they cooperated. "Guangzhou Pharmaceutical, the trademark of' porridge', is applying and the Trademark Office has accepted it."
Lawyer Zhang Zhifeng also told this reporter that the Trademark Law has specific protection measures for well-known trademarks in China. It is reported that the Trademark Law stipulates that a trademark applied for registration of the same or similar goods is a well-known trademark copied, imitated or translated by others that is not registered in China, which may easily lead to confusion, so it shall not be registered and prohibited from being used.
Wang Lao Ji's diversified differences
According to the data, GPHL only granted the brand use right of canned herbal tea to Jiaduobao, and also owned Wang Lao Ji's trademark rights of several product categories.
Zhou Danqing, a lawyer of Guangdong Bofang Law Firm who has been engaged in patent disputes for a long time, believes that if Guangzhou Pharmaceutical signed a non-exclusive agreement with Hong Kong Hongdao Group, Guangzhou Pharmaceutical, as a trademark holder, has the right to conduct new licensing activities.
As for the future of Wang Laoji, GPHL obviously has its own ideas.
In November last year, GPHL announced in a high-profile manner that the brand value of "Wang Lao Ji" under GPHL was 18.15 billion yuan, making it the brand with the highest evaluation value in China at present. In the 12th Five-Year Plan, GPHL will "build a big health industry", and one of its main strategies is to extensively cooperate with all walks of life at home and abroad through independent operation, brand authorization, product outsourcing and brand leasing.
however, jiaduobao group, which raised the trademark of Wang laoji, has different opinions on the above practices.
Yang Aixing said at yesterday's press conference that blindly diversified development across the beverage industry and even across the food industry with the help of Wang Laoji's trademark does not conform to the brand connotation of Wang Laoji's focus on herbal tea production, and also deviates from the authoritative guidance of the state on the overall protection of intangible cultural heritage.
In response, Shi Shaobin said: "GPHL is willing to make the brand of Wang Laoji stronger and bigger, not just verbally. We didn't say who not to do it, and interested and powerful companies can talk to us. "
April 12, 211 Source: China Business News.