According to the Legal Daily, in September, 24, Sichuan Luzhou Millennium Liquor Co., Ltd. filed a trademark infringement lawsuit on the grounds that "Sichuan Jiangkouchun Liquor (Group) Co., Ltd. used the name of' Zhuge Niang' on liquor products to infringe its exclusive right to use the registered trademark of Zhuge Liang". Jiangkouchun Company thinks that its "Zhuge Niang" trade name is called "the unique name of well-known goods", and its behavior does not constitute trademark infringement, and at the same time, it files a counterclaim.
a trademark is an intangible asset of an enterprise, and as the only sign for the public to distinguish the source of goods or services, it requires that the trademark should have corresponding distinctiveness and recognition. However, trademarks are also a limited resource. When trademarks are considered to be similar in composition, enterprises should take up legal weapons to safeguard their rights and interests.
this case mainly involves the conflict between the commodity name and the registered trademark and its protection. Zhanjiang Intermediate People's Court ruled in the first instance that the registered trademark "Zhuge Liang" constituted infringement on the well-known commodity "Zhuge Brewing", and ordered Yongchao Supermarket, Zhuge Brewing Company and Luzhou Millennium Liquor Company to bear tort liability.
The Guangdong Higher People's Court held in the second instance that although there is no clear stipulation in the current laws and administrative regulations on the conflict and protection of well-known commodity names and registered trademarks, a standard that should be considered is the principle of prior rights. Jiangkouchun Liquor Company began to use "Zhuge Niang" as the product name of its developed products in 1999. After the product name formed a certain popularity and influence, Zhuge Brewing Company officially produced "Zhuge Liang" wine in 23. Obviously, the name of well-known goods was used first in this case, so the right to use it first should be protected.
accordingly, the Guangdong higher people's court finally concluded that Zhuge Brewing Company and Millennium Brewing Company had hitchhiked with Jiangkou Alcohol Brewing Company, so it dismissed the appeal and upheld the original judgment.
the implementation of case guidance system conforms to the inherent requirements of stylization, refinement and systematization of the management of trial execution in people's courts, and also creates technical conditions for people's courts to standardize the exercise of judges' discretion, reduce the flexible space of judges' discretion and reduce the phenomenon of different judgments in the same case. Zheng E, president of the Guangdong Higher People's Court, said this.
in the end, Xiao bian wants to say that the competition in all walks of life is quite fierce now, and we should make all-round preparations from the aspects of corporate product image design, brand positioning, trademark registration and other related projects when deploying trademark strategy. Finally, Xiaobian gives a word to entrepreneurs: The market has not moved, and the trademark goes first, so that your brand can win at the starting line!
If you have any questions or doubts about trademarks, trade trademarks, trademark transfer, etc., you can choose Zhejiang Bajie Intellectual Property Trademark Transfer Network, and the Trademark Office has filed a formal trademark agency for 17 years, hoping to help you! You can call the 24-hour customer service hotline, or visit Zhejiang to choose your favorite trademark!