Trademark:

Trademarks are mainly used to distinguish commodities, representing the reputation of commodities, and must exist in connection with certain specific commodities to which they are attached. Trademarks belong to intellectual property rights;

Commodity name:

Trade names are mainly used to distinguish enterprises and represent the reputation of manufacturers, and must be associated with producers or operators of goods. The right of trade name has the right of name, so the right of trade name is more closely related to the person or identity.

situation

China resources grand view hotel VS China resources group

Huarun Haojing Hotel

China resources group

Recently, the case ushered in a second-instance judgment. The Beijing Higher People's Court (hereinafter referred to as the Beijing Higher People's Court) held that the behavior involved in the case of China Resources Grand View Hotel constituted trademark infringement and unfair competition, dismissed the appeal and upheld the first-instance judgment made by the Beijing Intellectual Property Court, that is, China Resources Grand View Hotel stopped the infringement, changed the enterprise name, compensated China Resources Group for economic losses and reasonable expenses of more than 200,000 yuan, and published a statement to eliminate the impact.

? Making good use of "China Resources" causes controversy

China Resources Group is a comprehensive and diversified large enterprise group, and its business scope includes real estate, consumer goods, electric power, medicine, cement, gas, finance and other industries. China Resources Group, formerly known as United Bank, was established in Hongkong, China, 1938. On 1948, it was reorganized and renamed as China resources company. 1983, China resources group was reorganized and established.

China Resources Grand View Hotel was established in May 20 15, and its business scope covers accommodation, catering service, health food wholesale and retail, beauty service, foot health care service, etc.

China resources group

The brand name "China Resources" has been used since 1948, and it has a high reputation. The defendant's unauthorized use of the word "China Resources" in the enterprise name will cause public misunderstanding and be suspected of unfair competition; The defendant's use of the trademark "China Resources" in its business premises is a copy and imitation of the well-known trademark "China Resources" in different services. Therefore, the defendant's use behavior is likely to make the relevant public think that they are related to a certain extent, thus weakening the distinctiveness of the well-known trademark. The defendant has improperly used the market reputation of the well-known trademark, so cross-class protection should be carried out for the well-known trademark of China Resources. Based on this, China Resources Group sued it to the court.

Huarun Haojing Hotel

The logo of "China Resources Grand View Hotel" is neither the same nor similar to the trademark involved; The services operated by China Resources Grand View Hotel are neither the same nor similar to those operated by China Resources Group. Therefore, China Resources Grand View Hotel does not infringe the exclusive right to use the registered trademark of China Resources Group. Based on this, the use of enterprise name and the simplified use of "China Resources Grand View" as the enterprise name in the operation project of China Resources Grand View Hotel should be protected according to law and do not constitute unfair competition.

It was found that the defendant constituted infringement.

After hearing the case, the court of first instance held that the case file evidence showed that China Resources Group used "China Resources" as the enterprise name and "China Resources" as its core registered trademark in its business process, and the two influenced and promoted each other. Before China Resources Grand View Hotel registered and started to use the logo of China Resources, China Resources Group has achieved high popularity and market recognition among the relevant public through long-term and extensive continuous use and promotion. In addition, the former Trademark Review and Adjudication Board of the State Administration for Industry and Commerce and the Beijing No.1 Intermediate People's Court have successively determined that the trademarks involved have constituted well-known trademarks of capital investment services. China Resources Grand View Hotel uses the logo of "China Resources Grand View Hotel" prominently on the external signboards, hotel vehicles, internal facilities, publicity signs, room furnishings and restaurant items of the hotel involved, so as to facilitate the relevant public to establish contact with the well-known trademarks of China Resources Group involved.

The court of first instance also held that China Resources Grand View Hotel did not give it reasonable avoidance when it was engaged in the hotel catering industry under the circumstance that the brand name "China Resources" of China Resources Group had a high popularity and influence, but highlighted the use of the brand name "China Resources" and deliberately attached to the goodwill of China Resources Group, which easily led ordinary consumers to mistakenly believe that there was a relationship between China Resources Grand View Hotel and China Resources Group, which led to misunderstanding of the investment or business entity of China Resources Grand View Hotel and harmed the legitimate rights and interests of China Resources Group.

To sum up, the court of first instance ruled that China Resources Grand View Hotel stopped the infringement and changed the enterprise name; China Resources Grand View Hotel compensated China Resources Group for economic losses and reasonable expenses totaling more than 200,000 yuan.

China Resources Grand View Hotel refused to accept the judgment and appealed to the Beijing High Court, which finally rejected the appeal and upheld the first-instance judgment.

It is not uncommon for well-known trademarks to be used as enterprise names. Conflicts between enterprise names and trademarks, enterprise names and enterprise names occur from time to time. In particular, some illegal enterprises use the regional principle of enterprise name registration to deliberately register trademarks with high credibility of others as their own enterprise names. You think people won't find out if you play around. Don't think of yourself as a fish that slips through the net. The French open is long, sparse and not leaking. Sooner or later, you will pay a painful price. When using a trademark, it is necessary to use the trademark in strict accordance with the style and approved scope of the registered trademark, so as to avoid confusion and misunderstanding among the relevant public and reasonably avoid infringement.