Tianjin CITIC Real Estate Co., Ltd. reduced the use of registered names in advertisements, but accidentally infringed on the well-known trademarks owned by China CITIC Group Corporation. The Tianjin Higher People's Court recently made a final judgment, ordering Tianjin CITIC to apply to the competent authority to change the name of the enterprise, and not to use the word "CITIC" in the name of the enterprise.

The court found that China CITIC Group Corporation, formerly known as China International Trust and Investment Corporation, registered and used the "CITIC" trademark. 199965438+February, the Trademark Office of the State Administration for Industry and Commerce recognized the "CITIC" trademark registered and used in the field of financial services as a well-known trademark. The company is mainly engaged in financial industry and real estate development. Most of the names of its wholly-owned or holding companies are prefixed with the word "CITIC" to show their association with CITIC Group. In the long-term business activities, the "CITIC" trademark and the enterprise name with the word "CITIC" have the meaning of specific connection with the "CITIC" trademark or CITIC Group in the relevant public and commercial fields.

Tianjin Zhongxin Real Estate Co., Ltd. was incorporated in April 2004, and its business scope includes real estate development, real estate brokerage and property management. It widely uses the abbreviation of "CITIC" in indoor announcements, outdoor announcements, publicity materials and commercial projects and activities of real estate sales centers, so it is sued by CITIC Group for trademark infringement and unfair competition.

The court finally ruled that Tianjin CITIC immediately stopped the infringement of the registered trademark of CITIC Group and changed the name of the commercial facilities and projects that had already used the word "CITIC"; To order Tianjin CITIC to apply to the competent authority for changing the enterprise name, and not to use the word "CITIC" in the enterprise name; Publish a statement in the newspaper, apologize and compensate the economic loss of 80 thousand yuan.

The judge's statement

The trademark "CITIC" registered and used by CITIC Group was once recognized as a well-known trademark by the state administrative organ. Tianjin CITIC raised no objection to the evidence provided by CITIC Group that the "CITIC" trademark is a well-known trademark and the relevant protection records of the trademark, so the court recognized the "CITIC" trademark as a well-known trademark and protected it.

According to the facts of this case and the application scope and popularity of CITIC Group's trademark "CITIC", Tianjin CITIC is easy to mislead the public, make the relevant public mistakenly think that Tianjin CITIC has some connection with CITIC Group, or confuse the sources of goods and services, which may harm the interests of CITIC Group.

Therefore, Tianjin CITIC uses the same words as other people's well-known trademarks in its own enterprise name, which constitutes trademark infringement.