Legal analysis: It is an infringement to print the rice fragrance on the rice package, and the rice fragrance does not belong to the common name agreed, so it cannot be used at will.

commonly used generic names are generally judged by the common understanding of the relevant public in the whole country. Although it is generally believed that "Daohuaxiang" refers to a kind of rice variety in the specific geographical area of Wuchang, there is not enough evidence to prove that the people of the whole country regard this name as the code of a specific rice variety.

Wuchang Company has no evidence to prove that "Daohuaxiang" belongs to the legal generic name. The general name stipulated in the method of crop variety examination and approval is not exactly the same as the general name in the sense of trademark law, and it cannot be determined that the name belongs to the general name in the sense of trademark law only on the basis of the name of the examination and approval announcement.

Legal basis: Article 12 of the Civil Code of the People's Republic of China

If the civil rights and interests are infringed, the infringed party has the right to request the infringer to bear the tort liability.

article 183 if the infringer suffers damage to himself by protecting the civil rights and interests of others, the infringer shall bear civil liability and the beneficiary may give appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

article 167 where an infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 1168 Where two or more persons jointly commit an infringement and cause damage to others, they shall be jointly and severally liable.

article 49 of the regulations for the implementation of the trademark law of the people's Republic of China * * *, the registered trademark contains the common name, figure and model of the commodity, or directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity, or contains a place name, and the exclusive right to use a registered trademark has no right to prohibit others from using it properly.