Shandong Xinhua Pharmaceutical Co., Ltd. enjoys the exclusive right to use the "Xinhua" trademark, but Henan Xinhua Company uses a logo with the words "Xinhua Pharmaceutical" on its website. This has not been authorized by the owner of the "Xinhua" trademark, which has constituted trademark infringement.
The predecessor of Shandong Xinhua Pharmaceutical Factory was an enterprise founded by the Eighth Route Army in the Shandong Liberated Area before the founding of the People's Republic of China. It is reasonable to use Xinhua as the name of the company and the trademark of the drugs it produces. Shandong Xinhua Pharmaceutical Factory was established from 1978 to 1999 During the years, it has won a variety of national honors and made major innovations in some pharmaceutical and pharmaceutical technology fields. When Henan Xinhua Company applied for enterprise registration, Shandong Xinhua Pharmaceutical Factory already had a high reputation in the industry.
The word "Xinhua" literally means new China or emerging China, which is related to my country's specific revolutionary historical background. Most of them are state-owned enterprises and institutions founded by people's governments at all levels in New China. , with obvious characteristics of the times.
The court ruled that Henan Xinhua Company should immediately stop using the word "Xinhua" in website promotions that infringed upon Shandong Xinhua Company's exclusive right to use its trademark. Henan Xinhua Company immediately stopped using the company name containing the characters "Xinhua" and went to the industrial and commercial authorities to change the company name containing the characters "Xinhua" within 30 days from the date of the judgment. Henan Xinhua Company shall compensate Shandong Xinhua Company for economic losses of 200,000 yuan within ten days after the judgment takes effect. Henan Xinhua Company published a statement on its website within 30 days after the judgment came into effect to clarify the facts and eliminate the impact. The content is subject to court review. If the judgment is not fulfilled within the time limit, the court of first instance will publish the contents of this judgment in relevant media, and the costs will be borne by Henan Xinhua Company.
Be cautious when naming your trademark, and avoid sensitive words such as "China" and "Xinhua" as much as possible.
This case is a case involving people's livelihood. It is a typical behavior of "favoring famous brands" in the pharmaceutical industry. It is closely related to the life, health and safety of the people, and the harm is even greater; increase the protection of the intellectual property rights of well-known pharmaceutical companies, It is conducive to standardizing the order of pharmaceutical production and sales markets, promoting conscientious competition, combating unfair competition, and promoting the healthy development of the pharmaceutical industry, thereby protecting the physical and mental health of the people. This case is a typical intellectual property dispute involving trademark infringement and unfair competition. In this case, the court found that Henan Xinhua had infringed Shandong Xinhua's rights, and ruled that Henan Xinhua should change its name and trade name and stop infringement.