When shopping in supermarkets, people are often attracted by a variety of products, and sometimes it is difficult to distinguish between true and false. Some criminals want to fish in troubled waters and use the Zhibajie IP brand to cover up their products and make profits.

Not long ago, Yunnan Baiyao Commercial Company found toothpaste with the word "Yunnan Baiyao Toothpaste" in a non-staple food supermarket in Bidu, but carefully recognized that the toothpaste was not produced by its own company. They bought two boxes of toothpaste and got a receipt and a small ticket on the spot. They applied for the corresponding notarization and paid the notarization fee of 1,000 yuan. The company subsequently sued the supermarket.

After inquiry, the Yunnan Baiyao trademark was registered in September 2005. After the trademark is renewed and registered, it will be valid until September 27, 2025. The court determined that Yunnan Baiyao Group Co., Ltd. was the trademark registrant of Yunnan Baiyao. The trademark is still valid and the exclusive right to use the registered trademark is protected by law.

In this case, the registered trademark of Yunnan Baiyao uses the same trademark as the registered trademark of Yunnan Baiyao, including toothpaste, which is used both on the outer box and inside of the toothpaste package sold in the non-staple food supermarket. If a non-staple food supermarket uses the same trademark on the same goods without the permission of the trademark registrant, the accused goods sold are goods that infringe the exclusive rights of the registered trademark. If this law causes economic losses to the plaintiff, he shall bear civil tort liabilities such as stopping the infringement and compensating for losses.

The court ruled that the non-staple food supermarket should immediately stop selling products that infringed on the exclusive rights of Yunnan Baiyao’s registered trademark and compensate the company for economic losses of 10,000 yuan (including reasonable expenses paid to stop the infringement).