online celebrity milk tea "Modern China Tea Shop", whose joining fee in Modern China Tea Shop is more or less popular all over the country, was involved in a trademark infringement dispute, and was registered with the trademark of "Modern China Tea Shop" in South Korea, which once again triggered enterprises' attention to trademark registration. This time, the case of trademark infringement with Cha Yan Guan Se was heard in Yuelu District People's Court of Changsha yesterday. Modern China Tea Shop won the case in the first instance and rejected all the claims of Cha Yan Guan Se (Luoqi Company).
Source of the article: official website, Modern China Tea Shop
1. Focus of trademark infringement cases of Chayan Guanse in Modern China Tea Shop 1. Did Modern China Tea Shop infringe the right to use the registered trademark Chayan Guanse at the same time during its use? Then first of all, we need to verify the scope of use of both. Modern China Tea Shop approved the use of tea, cakes, coffee, tea drinks, etc., while the approved use of tea includes cafes, cafeterias, restaurants, bars, teahouses, etc., which mainly tend to be food business services and catering. Modern China Tea Shop, on the other hand, prefers tea drinks, which you can buy as you go, instead of taking up seats like catering. Therefore, it is verified that the use of Modern China Tea Shop's trademark has not infringed on the other party's right to use.
Changsha, Modern China Tea Shop and official website, and from the logo of the two, there is a word difference, but there are great differences in font, meaning and the overall structure pattern after combination. Modern China Tea Shop in use, not beyond the approved scope of use, but also with the registered trademark tea color is not similar, not easy to confuse.
2. Modern China Tea Shop is well-known, but Cha Yan Guan Se deliberately uses similar decorations and products, which violates the principle of good faith. Although the registration time of the registered trademarks of the two companies is quite different, Modern China Tea Shop and Cha Yan Guan Se were late, but after the registration, Cha Yan Guan Se was not actually used and its popularity was not high.
Hunan Chayue Catering Management Co., Ltd. on the contrary, after being registered in Modern China Tea Shop, it has gained popularity in Changsha and even the whole country for several years. Previously, Chayan Guanse used products, decorations and trademarks similar to those in Modern China Tea Shop in its own stores, misleading consumers, and its subjective malice was obvious.
Based on the above reasons, the court finally ruled in the first instance that Modern China Tea Shop won the case, without infringing the trademark right of Chayan Guanse (Luoqi Company).
2. If you don't register a trademark, even if it is well-known, you can't identify the infringement. According to the laws of our country, the trademark owner can only obtain the ownership of the trademark after the trademark application is registered and approved. No one can use the trademark on the same or similar goods or services without the permission or consent of the trademark owner, otherwise it will constitute trademark infringement.
but if there is no registered trademark, then the other party can use his own trademark at will, so that consumers will mistakenly think that it is their own genuine goods. It will not only cause trouble for itself, but also bring damage to consumers and disrupt market order. Previously, the answer to online celebrity milk tea was the same. After Tik Tok became popular, it blossomed all over the country, and all kinds of joining information were flying all over the sky. I didn't know who was true or false, and finally the answer was sued for infringement, so I had to change my name. There are too many lessons in reality, and the losses caused by registered trademarks are irreparable.
third, the trademark is well-known, and you can apply for a well-known trademark. The protection of well-known trademarks is not limited to the same or similar goods or services. When applying for registration or use of different or similar goods, they will not be registered and prohibited from being used. Therefore, well-known trademarks are given a wide range of exclusive rights. Applying for well-known trademarks can effectively prevent counterfeiting and avoid many disputes. The so-called red is not much, and so are many corporate trademarks. Once the public knows that it is influential, many people will rush to register similar trademarks, but if they apply for well-known trademarks, the legal protection will be even greater.
Summary: The trademark infringement dispute between Modern China Tea Shop and Cha Yan Guan Se makes us think that the importance of trademarks is self-evident for enterprises, and it is even more important to obtain legal protection awareness through registered trademarks. Because this is not only to protect the rights of enterprises, but also to protect consumers.