Event review:
July 16 news, Wuliangye's application for the trademark of Qiliangye was rejected? On the Weibo hot search.
According to media reports, the Beijing Higher People's Court held that Wuliangye Company applied for registration No.9047717? Seven grains of liquid? A trademark (disputed trademark) constitutes a similar trademark with another person's trademark, and the court of first instance and the Trademark Review and Adjudication Board determine that the disputed trademark shall not be approved for registration. Wuliangye Company's relevant appeal claims lack factual and legal basis, and our court will not support them. Therefore, the appeal was dismissed and the original judgment was upheld. Wuliangye Company said in an interview with the media? Wuliangye? This trademark is a well-known trademark. For protection, seven liquids? Trademark registration is necessary.
Seventh, the necessity of grain liquor trademark registration:
In this case, Wuliangye company called its company's? Wuliangye? This trademark is a well-known trademark. For protection, seven liquids? Trademark registration is necessary. In this regard, Zhang Hong, a lawyer of Beijing Li Zheng Law Firm, said in an interview with China Intellectual Property News. Wuliangye company's claim is reasonable in reality, but as the court pointed out in the judgment, different registered trademarks have their own independent trademark rights, and well-known trademarks are no exception. The significance of well-known trademarks is mainly to expand protection and prevent others from registering or using the same or similar trademarks on non-similar goods or services. However, this case does not prove that the disputed trademark can of course be registered. Unless Wuliangye Company can use its well-known trademark to revoke or invalidate the three cited trademarks in this case, the obstacles to the registration of the disputed trademark can be eliminated.
So for enterprises, how to safeguard their rights and interests?
For the brand side, in the current environment, it is very necessary to appropriately expand the protection in the short term when brand layout. ? Cui Hong said that strengthening the monitoring of trademark application registration can make brands stop the registration of problematic trademarks earlier with less investment and find possible infringers earlier, thus reducing the difficulty and clearing obstacles for the brand's subsequent civil rights protection behavior. At the same time, brands should also make full use of brand awareness, crack down on cybersquatting and standing next to well-known brands to win others' favor, formulate rights protection schemes that meet their own needs, safeguard brand interests through trademark administrative rights protection, civil rights protection and other channels, enhance brand value, and effectively crack down on malicious cybersquatting and brand infringement.