"Daoxiangyuan" is an old brand cake shop. Although it has been approaching Western-style desserts in recent years and the prices have gradually increased, many traditional flavors have not changed. Whether it's the croissants or the ever-present wife's cake, it all tastes like that time. As I grow up, you are still the same as you were back then.
Chengdu Daoxiang Company has the exclusive right to trademark "Daoxiangyuan text and graphic combination". The registration time was in March 2003. I accidentally discovered that there is a company called Shandong Daoxiangyuan Company in Shandong. The main trademark The brand is "Daoxiangyuan". In this regard, Chengdu Company was very surprised. It believed that the company had infringed the exclusive rights of the "Daohua Garden" trademark, and appealed to the court, requiring the defendant to stop the infringement and compensate for economic losses.
The predecessor of Shandong Daoxiangyuan Company is Jinan Daoxiangyuan Company, which was established in 1995. The "Daoxiangyuan" series of products produced by Jinan Company began to gain greater popularity in 2002. Then in 2007, the shareholders of Jinan Company registered Shandong Daoxiangyuan Company and transferred all business to the new company, also continuing the use of the "Daoxiangyuan" brand. Bread, pastries, etc. produced by the Shandong company and sold by Jiajia Cake Shop all use the word "Daohuayuan".
After hearing, the court held that Shandong Daoxiangyuan's corporate name "Daoxiangyuan" was inherited and continued to be used from Jinan Daoxiangyuan Company. Moreover, it already had a certain market reputation before Chengdu Daoxiang Company registered and used it. The defendant’s logo had prior rights to the trademark in this case, so the defendant’s use of this logo was legitimate and reasonable. The registered trademark of Chengdu Daoxiang Company is not very distinctive, and the defense of protected rights should be limited to the overall logo with pictures and texts. Shandong Daoxiang Company's logo with the words "Daoxiang Garden" did not cause confusion with Chengdu Daoxiang Company's trademark and did not constitute trademark infringement. Therefore, the judgment was to reject all claims of Chengdu Daoxiang Company.
Bajie Intellectual Property’s short comment: Although the text parts of the trademarks are the same, one is a registered trademark and the other is the logo of a time-honored brand. There are still differences between the two, and the possibility of confusion is relatively low.