Nowadays, more and more people are aware of the importance of trademarks, but trademark infringement incidents still occur from time to time. It is reported that the Haitang Bay Leisure Resort Development Project was launched by the Sanya Municipal Government in April 2004. Since June 2005, with the progress of Haitang Bay National Coast Construction, there have been many incidents of squatting in registering the "Haitang Bay" trademark in various places.
Haitang Bay is located on the northeast coast of Sanya City, Hainan Province, 28 kilometers away from Sanya City. It is adjacent to the Yalong Bay National Tourism Resort to the south. It is one of the five largest bays in Sanya along with Yalong Bay, Dadong Bay, Sanya Bay and Yazhou Bay. Name Bay. In 2009, the Haitang Bay trademark was registered in more than 20 categories, including food, clothing, housing, transportation, entertainment, cultural publishing, etc., which seriously affected the long-term economic development of Sanya City.
▲Haitang Bay
The Sanya Municipal Party Committee, Municipal Government and Provincial Industry and Commerce attached great importance to it, quickly raised objections to this trademark and reported the situation to the Trademark Office, and then successively formulated relevant departments to quickly declare " There are 55 registered trademarks for "Haitang Bay". On June 15, 2011, the Trademark Review and Adjudication Committee of the Trademark Office of the State Administration for Industry and Commerce issued a trademark objection ruling, ruling that the first batch of 10 "Haitang Bay" trademarks that had been registered and had entered the preliminary review stage would not be approved for registration. The squatter was dissatisfied with the ruling and filed an administrative lawsuit with the Beijing No. 1 Intermediate People's Court. The Beijing No. 1 Intermediate People's Court made a first-instance judgment revoking the "Haitang Bay" trademark dispute ruling of the Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce.
According to Article 41, Paragraph 1 of the Trademark Law, "obtaining registration by improper means", a final judgment was made on May 10, 2012, revoking the Beijing No. 1 Intermediate The original judgment of the People's Court upheld the "Haitang Bay" trademark dispute ruling of the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.
After the first-instance judgment, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce was dissatisfied with the first-instance judgment and appealed to the Beijing Higher People’s Court, requesting that the original judgment be revoked and the original ruling be upheld. Sanya is endowed with unique tourism resources, but if it is successfully registered, the consequences will be disastrous. Therefore, the Trademark Transfer Network hereby calls on all enterprises and corporate legal representatives to attach great importance to intellectual property rights and actively safeguard their rights. Once they find that their trademark exclusive rights have been infringed by others, they must actively obtain evidence and adopt legal means to protect their trademark exclusive rights. Ignoring it is tantamount to indulgence and will eventually have a negative impact on your brand development.
It is recommended that relevant professionals should be consulted on trademark issues and should not be dealt with behind closed doors. If you have any questions or concerns about trademarks, buying and selling trademarks, trademark transfers, etc., you can choose Zhejiang Trademark Transfer Network. It is a formal trademark agency registered with the Trademark Office. It has 17 years of professional experience. I hope it can be helpful to you! You can call the 24-hour customer service hotline: or log in to Zhejiang to choose your favorite trademark!