"Ant moving" refers to the collective migration behavior of ants. I believe everyone is familiar with the moving company "Ant Moving". But what is surprising is that two companies named "Ant" both claim that they are the real "Ant Moving". Who is the real one? Who is fake? Follow the editor to take a look:

The Hunan High Court released a white paper on the status of judicial protection of intellectual property rights and top ten typical cases, including the trademark infringement dispute case between Chengdu Ant Logistics Co., Ltd. v. Changsha Ant Moving Co., Ltd. . According to the trial results, Changsha Ant Moving Co., Ltd. did not constitute infringement.

In 1996, Chengdu Ant Logistics Co., Ltd. was established. The company's transportation vehicles have the words "Ant" and "Ant Moving" as well as ant patterns on the company's transportation vehicles. In 2000, the company applied to register the "Ant" trademark. In 2012, the company applied to register the trademark "Ant Moving". Its services include relocation, logistics and transportation, etc. The registration is valid from February 14, 2014 to February 13, 2024.

What surprised them was that there was a company called Changsha Ant Moving Co., Ltd., whose business scope was also moving and transportation. The company used the words "Ant Moving" and ant patterns on its transport vehicles. , and also published the slogan "Ant Moving, Service at Home". Therefore, Chengdu Ant Logistics Company sued Changsha Ant Moving Co., Ltd. to the court, requesting an order to stop the infringement and compensate for losses.

Changsha Ant Moving Company argued that it was established as early as 2002, ten years earlier than when Chengdu Ant Logistics Company applied to register the "Ant Moving" trademark. At that time, the company used "Ant Moving" as a company abbreviation. The company said that the use of "Ant Moving" on its transport vehicles was earlier than the announcement date of the other party's "Ant Moving" trademark.

The Changsha Intermediate People’s Court held that Changsha Ant Moving Company used “Ant Moving” much earlier than the application date for the “Ant Moving” trademark involved in the case. After independent operation, the company has formed a certain scale in the Changsha area. "Ant Moving" has become the name of the industry association. It has a certain degree of identification, complies with the provisions of the Trademark Law on "certain influence", and the area of ??use is within the original scope. within. Therefore, Changsha Ant Moving Company's use of "Ant Moving" complies with the provisions of prior use of the trademark, and does not need to bear corresponding infringement liability, and can continue to use it within the "original scope". However, to prevent confusion, appropriate labeling should be attached when using "Ant Moving".

The court held that Changsha Ant Moving Company’s use of “Ant Moving” in its transport vehicles and promotional slogans constituted use of the trademark. The "Ant Moving" logo used by Changsha Ant Moving Company is visually similar to the "Ant Moving" registered trademark of Chengdu Ant Logistics Co., Ltd. The behavior of Changsha Ant Moving Company complies with the provisions of the Trademark Law of the People's Republic of China, which stipulates that "using the same trademark as its registered trademark on the same product without the permission of the trademark registrant".

However, according to regulations, before the trademark registrant applies for trademark registration, if others have used a trademark that is identical or similar to the registered trademark and has a certain influence on the same goods or similar goods before the trademark registrant, the registration The owner of the exclusive right to a trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require the user to attach appropriate distinguishing marks.

Here, the editor of Bajie Intellectual Property also reminds everyone that the popularity and reputation of a trademark are the condensed efforts of the company for many years, and its value is determined by many factors including advertising, product quality, sales volume, and after-sales service quality. Comprehensive formation. For enterprises, the formation of a trademark often means a stable market and higher profits. In the trademark world, if a trademark is not registered, your company may suffer reputational damage, and may not be able to protect its legitimate economic interests. If you don’t know much about the trademark registration process, you can consult Bajie Intellectual Property Trademark Transfer Network.