Based on the case

Overview of the case:

The plaintiff, Nanjing Tuniu Technology Co., Ltd., was established on December 18, 2006, and also opened the Tuniu Travel Network. website, and has obtained a total of more than 40 trademarks related to tuniu.com, and legally owns tuniu.com, tuniu.com, tuniu.com, tuniu.com, etc. in the 39th category. The exclusive right to combine text and graphics trademarks, among which the trademark No. 6631862 "Tuniu" has exclusive rights on August 14, 2010.

The defendant, Chongqing Tuniu International Travel Agency Co., Ltd., was established long after the plaintiff, Tuniu, acquired the trademark. The defendant's business scope includes travel consulting, air ticket and hotel booking. Domestic tourism and inbound tourism, solicitation, organization and reception business are included in the scope of trademark approval such as "Tuniu".

The Tuniu Travel online travel website operated by the plaintiff has excellent performance, and the legally owned registered trademark "Tuniu" enjoys high recognition in the industry and is well recognized by consumers. At the same time, Even though the defendant knew that the plaintiff was a public company, a well-known enterprise, and had a famous registered trademark, it still registered and used "Chongqing Tuniu International Travel Agency Co., Ltd." and locked in the same field or even the same tourism-related sales as the plaintiff's main business , the name of the store prominently features the word "Tuniu" to engage in tourism business activities. The defendant's company website uses a slogan that is very similar to the plaintiff's corporate slogan "If you want to travel, find Tuniu"? "If you want to travel, go to Tuniu!" Place it at the top of the website. The defendant's various behaviors were malicious clinging, deliberately caused confusion among consumers and misunderstood the market, thereby obtaining illegal benefits, infringing the plaintiff's exclusive right to register a trademark and constituting unfair competition.

The court finally ruled that the defendant should not use the word "Tuniu" in its business name and compensated the plaintiff 50,000 yuan.

Lawyer's statement

1. In this case, the plaintiff's "Tuniu" trademark has a high reputation in the market, and the plaintiff has long-term cooperation with major TV stations. The plaintiff's corporate slogan ?If you want to travel, look for Tuniu!? It is also well known by the general public. The defendant used a slogan that was very similar to the plaintiff's corporate slogan on its corporate website: "To travel, go to Tuniu!" at the top of the website, and at the same time used the plaintiff's registered trademark "Tuniu" as the defendant's corporate name in stores and posters , prominently used in leaflets.

As a competitor in the same industry, the defendant Chongqing Tuniu International Travel Agency Co., Ltd. used the trademark "Tuniu" for which the plaintiff had exclusive rights to registered trademarks as a trade name in its own business name without the plaintiff's permission. Registration and prominent use, with obvious malicious intent, also constituted trademark infringement against the plaintiff. At the same time, the defendant's behavior could easily mislead the relevant public, violate the principles of fairness, good faith, and constitute unfair competition.

2. It can be seen from this case that the value of a trademark to an enterprise is huge. Therefore, if an enterprise wants to properly manage its trademark, it should do the following:

1) Improve the system: It is recommended that customers set up a dedicated trademark management department. Many companies do not have an intellectual property department, but they have a general manager's office, a legal department, and some companies will set up a brand management office. Setting up a special management department or management personnel is the first step to build the system.

2) Establish a system: Hire professional lawyers to draft professional procedures for obtaining trademark rights, specifications for use, response plans for rights protection litigation, etc.

3) Collaboration plan: When we make a brand protection management plan, we can set up a coordination plan for each department of the unit. Medium-sized and above enterprises will set up multiple departments, and the system must specify what the personnel department must do, such as training on the use of trademarks, trademark protection, etc. for new employees onboarding, regular and annual meetings, etc. The financial department must ensure funds for trademark application, rights protection, etc., and what proportion of sales revenue must be withdrawn each year for trademark registration and protection, etc.

4) Archives department: All standardized companies should set up an archives department. The first thing to do is to retain evidence of trademark use.

Secondly, the archives department should also keep copies of original media reports, honorary certificates, publicity and promotion expenses and invoices for each year's brand promotion. When you need it, you can find it and you can use it. Use it to win. We cannot wait until we are going to fight a certain trademark case to collect evidence of actual use, evidence of influence, etc. This evidence may be used at any time. The legal department, the general manager’s office and other departments must cooperate to promote and use the guidance documents in accordance with standardized procedures. The general manager and the general manager's office should supervise their implementation and strictly control them.

Trademarks are often used as carriers of patents and copyrights, and as a reflection of the value of an enterprise or brand. The profit point of an enterprise is to maximize the added value of the brand. The comprehensive protection and standardized use of trademarks are important and necessary. !The competition in the future world will be the competition of intellectual property rights, and the highest level of business management is trademark management. Trademark protection