Zhang Yu was granted the trademark right of Jiebaina by the Trademark Review and Adjudication Board, but she is still suing. For details, please see here: Changyu Jiebaina's trademark dispute case, which is known as the "first case of intellectual property rights in China wine industry", has once again caused a heated discussion, and many enterprises have filed complaints with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. On June 2 1, Changyu Company told reporters that it hoped that its peers could treat trademark disputes rationally in order to enhance the overall competitiveness of China wine industry. The dispute over Cabernet Sauvignon lasted for six years, but the ownership of Cabernet Sauvignon did not come to an end because of the ruling of the Trademark Review and Adjudication Board. Some enterprises refused to accept this ruling and recently sued the Trademark Review and Adjudication Board to Beijing No.1 Intermediate People's Court, requesting to cancel the registered trademark of Cabernet Sauvignon. Why are the twists and turns of trademark disputes controversial? On may 8, 20001year, Changyu group applied to the trademark office of the state administration for industry and commerce for registration of the trademark "cabernet". In April 2002, the Trademark Office issued a registration certificate, but it was opposed by Weilong and other peer companies. The focus of the dispute between the two sides is: Is Cabernet a wine brand or a grape variety? Under the opposition of Veyron and other enterprises, on July 10, 2002, the State Trademark Office recognized "Cabernet Sauvignon" as the variety name of red wine raw materials and revoked the registered trademark. Changyu Group refused to accept this and the case entered a long administrative reconsideration. On May 26th, 2008, the case was finally concluded. The National Trademark Review and Adjudication Board, based on the fact that Zhang Yu has been repeatedly used and registered for more than 70 years since its establishment in the 1930s, combined with the spirit of the Trademark Law and the Outline of the National Intellectual Property Strategy adopted in principle in April this year, gave Zhang Yu the final award of Xie Baina. Changyu Company was accused of monopolizing Changyu to obtain the trademark of "Cabernet", but it was labeled as "monopoly" by companies such as Great Wall. A peer company told reporters: "Under the premise that Cabernet Sauvignon is widely used in the wine industry as a grape variety, Changyu Company still applies for trademark registration, which is an attempt to monopolize the market." Experts pointed out that whether it constitutes a monopoly or not, its essence lies in whether Cabernet Sauvignon belongs to the public resources of grape varieties or strains and takes it for itself. They believe that "Cabernet Sauvignon" is Changyu's original brand for more than 70 years, and does not represent a certain type of wine products such as dry red and dry white, so it will not constitute an industry monopoly. Cabernet was founded by Zhang Yu in 193 1 year and has been used exclusively for more than 60 years. It was not until the end of last century that a few enterprises began to use Cabernet. On April 14, 2002, Zhang Yu successfully registered the trademark "Jiebaina", which triggered administrative reconsideration. Since then, due to the high brand value of "Jiebaina", more and more enterprises have followed up production. In this regard, the Grape Branch of the Chinese Agricultural Society pointed out that there is no grape variety or strain called Cabernet Sauvignon or translated Cabernet Sauvignon in various national wine standards and specifications officially published in China. Moreover, the naming of varieties and strain names can only be formally determined after being approved and announced by the National Crop Variety Approval Committee, and the theory that "Jiebaina" is a variety is simply not established. "Historically, Cabernet Sauvignon was originally created by Zhang Yu at 193 1, registered as a trademark at 1937, and has been used as a trademark for more than 60 years, which has been proved by China Liquor Industry Association and China Federation of Industrial Economics." Zhou Hongjiang, general manager of Changyu Company, said, "It was not until the end of last century that other enterprises began to use Cabernet Sauvignon in an attempt to' share the common name' and carve up the painstaking efforts of generations of Changyu. Jiebaina' is an original brand asset left by our ancestors. Who was hurt by the "Cabernet" dispute? After six years of trademark review, there are no fewer than 30 cabernet products on the market. According to CCTV Market Research Company's Report on the Present Situation of China Liquor Industry, before 1998, only Zhang Yu was the producer of Cabernet Sauvignon, but at present, most brands of Cabernet Sauvignon are latecomers, especially after the trademark case broke out in 2002. Some people worry that after the' Cabernet' trademark belongs to Changyu, other enterprises will suffer heavy losses, which is not conducive to the growth of the wine industry. " If the trademark of "Cabernet Sauvignon" is finally revoked, the wine industry in China will be most affected. "Dr. Liu Yanping from the Institute of Finance and Trade of China Academy of Social Sciences pointed out that the legislative spirit of trademark law is to protect intellectual property rights such as corporate trademarks and create a level playing field for all industries. If an original brand with more than 70 years of vitality is not protected and cancelled due to counterfeiting in recent years, who is willing to invest in independent innovation? How does the wine industry develop? For consumers, buying "Cabernet Sauvignon" is for the gold-lettered signboard of the earliest original dry red brand. If trademark protection is lost, it will inevitably lead to mixed fish and dragons, it will be difficult for consumers to distinguish their choices, and their interests will be seriously infringed. " Some foreign wine brands are also taking advantage of the chaotic situation in Bai Na to erode the middle and high-end market. "Liu Yanping believes that the" Cabernet "brand has not been protected, and the lack of a main force in the high-end market is equivalent to giving way to foreign wine, and the ultimate beneficiary will only be foreign wine. However, for the wine industry, an industry expert believes that this case highlights the hidden dangers of innovation exposed due to weak awareness of intellectual property protection. " Between innovation and imitation, many enterprises, especially small enterprises that do not have the ability to develop products, prefer to imitate easily, and illegal acts such as brand-name products emerge one after another. In the long run, it will definitely dampen the enthusiasm of enterprises for innovation, which is not conducive to the healthy development of the entire wine industry. "