Xiao Shao Bing Zao Da Ming Tang
Niu Zhongxi, who lives at No.74 Xinle Road, Xinxiang City, was an employee of the city catering service company before his death. In the spring of 198, Master Niu Zhongxi took part in the competition on behalf of the unit at the Henan Famous Cuisine and Flavor Snacks Appraisal Fair held in Zhengzhou. His baked biscuits were rated as famous local flavor snacks and won the high-quality products in Henan Province. In that year, the city catering service company officially named the sesame seed cake "Niu Zhongxi sesame seed cake".
That year, Master Niu Zhongxi was 6 years old and reached retirement age, but he thought that if he retired, the people in Xinxiang would never be able to eat their own baked cakes. He was restless and decided to set up a baked wheat cake shop and train a group of apprentices before retiring. In 1983, with the care and support of the superior leaders, Niu Zhongxi opened a sesame seed cake shop, which is the location of today's city catering service company "Niu Zhongxi sesame seed cake shop". Within three years, he taught his apprentice the technology without reservation, and the biscuit shop was able to operate independently. Niu Zhongxi officially retired, and he was 66 years old that year.
In p>1989, the Ministry of Commerce won the "Jinding Award" in the national food "Jinding Award Competition" held in Xi 'an. In 1993, it was certified as an old Chinese brand by the Ministry of Internal Trade. In January 1996, it was rated as a favorite commodity by Henan Consumers Association. In April, 1996, it was awarded the title of "A Unique Skill in Xinxiang"; In October 21, it was rated as "Henan Famous Food" by ten provincial units in our province.
Since then, Niu Zhongxi's sesame seed cake has become more and more famous. Niu Zhongxi's sesame seed cake is deeply loved by all kinds of people because of its strict selection of materials, exquisite operation, crispy taste and suitability for all ages. Gradually, "Niu Zhongxi sesame seed cake" became a well-known gold-lettered signboard. Is it an infringement for sesame seed cake to call its own name?
In p>1989, after Niu Zhongxi's sesame seed cake won the Jinding Award, the city catering service company where Niu Zhongxi worked found him and planned to name the sesame seed cake after him. After obtaining his written consent, the company immediately registered the trademark with the Trademark Office of the State Administration for Industry and Commerce. In May 199, the registered trademark of "Niu Zhongxi Sesame Cake" was confirmed by the State Trademark Office. Soon, the "Niu Zhongxi Biscuit Shop" set up by the city catering service company on Jiefang Road opened for business.
In p>1995, most of Niu Zhongxi's children and relatives were laid off at home. Forced to make a living, Niu Guisheng, Niu Zhongxi's son, opened a sesame seed cake shop, which was named "Niu Zhongxi's sesame seed cake shop". This sesame seed cake shop is very close to the store opened by the city catering service company.
What he didn't expect was that two years later, Xinxiang catering service company "Niu Zhongxi Sesame Shop" took him to court for trademark infringement. Niu Zhongxi and his family feel wronged: I made the sesame seed cake myself and named it after me. What is it called if it is not called "Niu Zhongxi sesame seed cake"?
In the end, in this lawsuit, after mediation by the court, both parties made appropriate concessions.
Afterwards, Niu Zhongxi and his family learned from the lawyer that the trademark registration is valid for 1 years. After the expiration, the trademark cannot be used without Niu Zhongxi's consent. In 2, Niu Zhongxi and his family were surprised to learn that the Xinxiang catering service company "Niu Zhongxi Bakery Shop" continued to note the trademark without telling them.
Your own name has been registered as a trademark, and now you have infringed others' trademark rights with your own name? Niu Zhongxi and his family couldn't figure it out and were very angry. On the one hand, they applied to cancel the trademark of "Niu Zhongxi Sesame Shop", a city catering service company, and on the other hand, they applied for the registration of a special service trademark for their own "Niu Zhongxi Sesame Shop", and their packaging boxes also applied for a patent for design.
On August 8, 28, Xinxiang Intermediate People's Court ruled that Niu Guisheng, the son of Niu Zhongxi, stopped using the word "Niu Zhongxi" on his plaque, product packaging or other forms; Niu Guisheng compensated the catering service company "Niu Zhongxi Biscuit Shop" for economic losses of 5, yuan, and compensated Liu Fuqiang, the person in charge of "Niu Zhongxi Biscuit Shop" for 5, yuan.
Both parties are dissatisfied with this judgment, and Niu Guisheng thinks that his baked wheat cake shop has no infringement; Liu Fuqiang believes that the court's punishment for the infringement of Niu Jia is too light. Both parties appealed to the Property Rights Court of the Provincial Higher People's Court respectively.