Everyone should be familiar with Nestle Coffee, but not many people should know that Nestle was mainly engaged in baby food. For more trademark information, please visit Bajie Intellectual Property Trademark Transfer Network!

Nestle was founded in 1867, headquartered in Switzerland, with more than 5 factories around the world. Nestle is the largest food manufacturer in the world. In fact, Nestle was originally a baby milk powder company, and the milk powder market has been very good. In the 2th century, Nestle began to diversify, and then began to produce instant coffee and other well-known products.

registration of "Qifu" trademark

In November p>212, Nestle acquired the brand of Wyeth Wyet and owned its milk powder brand "Qifu".

"Affinity to the human body inspires the future."

As a well-known milk powder brand, Qifu milk powder has a high popularity.

however, in February 217, when Nestlé was preparing to deepen the trademark layout of Qifu brand, its application for registration was designated to be used in three categories of products, such as skin cleanser, shampoo, soap and toothpaste, but the application for trademark registration was rejected by the Trademark Office.

after examination, the Trademark Office considers that the registered trademark proposed by Nestle Company and the trademark "Qifu" of Jiachun Company constitute similar trademarks used on the same or similar goods, so it rejects the registration application.

Jiachun registered

Jiachun Company was established in October 21, mainly engaged in shampoo and skin care products, toiletries and cosmetics.

It is understood that in November 212, after Nestlé confirmed that its acquisition of Wyet brand was approved, Jiachun Company immediately filed an application for registration of Qifu's trademark in December of the same year, which was approved for use in lipstick, soap and cosmetics in 214.

In addition to registering Qifu, Jiachun Company also applied for registration of more than 2 trademarks, such as Junlebao, Yida Shu Min, and Dazzling White, according to China Trademark Network, most of which are designated for use in the third category of daily necessities.

However, Nestle Company did not submit the registration of the prior right trademark owned by Jiachun Company unprepared. In February 217, Nestle Company filed a request for invalidation of the trademark in dispute when it filed an application for trademark registration.

The invalidation declaration was very successful. The original Trademark Review and Adjudication Board considered that Jiachun Company's application for registration sued for trademark copying and imitation, which was obvious, intentionally misleading the public and seeking benefits, and constituted the situation of obtaining registration by improper means. Accordingly, the original Trademark Review and Adjudication Board ruled that the trademark in dispute should be declared invalid.

Re-examination rejected

Nestle quickly re-examined the rejection, claiming that the trademark litigation was a malicious cybersquatting on Qifu, and it had been declared invalid, and requested to postpone the trial.

However, because Jiachun Company filed an administrative lawsuit against the invalidation ruled by the original Trademark Review and Adjudication Board, the case is still under trial.

Therefore, the original Trademark Review and Adjudication Board still rejected the application for registration of the trademark involved in the case against Nestle.

Nestle filed an appeal against this, but the court held that the case of invalidation of the trademark in dispute was still a prior valid trademark before the judgment of the first instance, which still constituted a prior right obstacle to the registration of the trademark involved, so it rejected Nestle's appeal.

invalidation case

For the ruling of the Trademark Review and Adjudication Board and the court, Nestle Company's trademark registration failed, so it had to temporarily put aside the trademark registration and wait for the court to declare the trademark in dispute invalid.

As we mentioned earlier, Jiachun Company refused to accept the ruling of invalidation made by the former Trademark Review and Adjudication Board and appealed to Beijing Intellectual Property Court.

The court held that the evidence in the case can prove that the trademark in dispute had a certain popularity and influence on the infant nutrition formula before the application date.

the evidence of trademark use filed by Jiachun Company is mostly on products such as baby toiletries, which is the same as the consumer group of "Qifu" trademark of Nestle Company, and it is easy to cause public confusion.

At the trial of this case, Jiachun Company applied for the registration of nearly 2 trademarks in various categories, many of which were identical with or highly similar to other well-known trademarks, and there were a lot of irregularities in hoarding registered trademarks and occupying public resources, which constituted the unfair means to obtain registration in the Trademark Law.

Therefore, the appeal of Jiachun Company is rejected.

jiachun company refused to accept the judgment of the first instance and appealed to the Beijing Higher People's Court. The court held that there was obvious subjective malice in the trademark registration of jiachun company, and declared it invalid by upholding the original judgment of the first instance and suing for the trademark.

after suing for invalidation of the trademark, Nestle Company has no prior right obstacle to apply for the third kind of "Qifu" trademark. Although the trademark was rejected in the first registration because the case of invalidation was still under trial, it was only a matter of time before the trademark was successfully registered if it was submitted again.

In this case, Nestle successfully used legal weapons to safeguard its trademark rights.

So, when a company's trademark is registered, don't panic, but deal with it according to the specific situation.

1. The registered trademark is in the announcement period

If the trademark is in the announcement period, the enterprise can raise an objection to the Trademark Office to safeguard its legitimate rights and interests.

2. The trademark objection is invalid and successfully registered

If the trademark objection is rejected and the trademark is still successfully registered, the enterprise can request the trademark to be declared invalid within five years from the date of trademark registration, and in addition, the case of malicious registration is not limited by five years.

3. The other party's trademark has not been used for three years

If the other party has not used the trademark within three years, the enterprise can apply for cancellation. If it is verified that it has not been used, the trademark will be revoked.

4. Trademark transaction

If the above is not feasible, the enterprise can buy back the trademark through trademark transaction by communicating with the trademark holder. But since it is malicious cybersquatting, the price of trademark repurchase is not low. Although for enterprises, after trademark registration, they can recover by defending their rights, it is conceivable that the troubles and risks brought by trademark registration require several times more manpower and material resources than registered trademarks.

Therefore, it is suggested that enterprises should pay more attention to and protect trademarks, improve the layout of trademarks, register trademarks in time and protect their own brand products. If you encounter any problems in the process of trademark use, please consult Bajie Zhichan Trademark Network, which is committed to inserting the wings of intellectual property for all enterprises in China!