Recently, the Beijing Higher People's Court made a second-instance judgment and upheld the original judgment, arguing that the trademark "I'm afraid of getting angry and drinking Jiaduobao" applied for registration by Jiaduobao in the name of "Wang Laoji Co., Ltd." in 212 contained misleading descriptions, which violated the provisions of Item 7 of Paragraph 1 of Article 1 of the Trademark Law and could not be used as a trademark.

China Judgment Document Network has published relevant judgments.

The Beijing Higher People's Court believes that according to the existing evidence, it is impossible to prove that its products have the medical and health care effects of preventing or even removing fire, so the term "afraid of getting angry and drinking" is likely to mislead the public.

according to the ruling made by China international economic and trade arbitration commission on may 9, 212, jiaduobao has stopped using the trademark "Wang Lao Ji". At present, Guangzhou Pharmaceutical Group, a wholly-owned subsidiary of Guangzhou Wang Lao Ji Da Health Industry Co., Ltd., established in 212, specializes in red cans, red bottles of Wang Lao Ji herbal tea and other products.

a month later, on June 13th, 212, Jiaduobao (legal representative is Chen Hongdao, chairman of the board) applied to the Trademark Office of the State Administration for Industry and Commerce for registering the trademark "I am afraid of getting angry and drinking Jiaduobao" in the name of "Wang Lao Ji Co., Ltd.".

GPHL filed an objection with the Trademark Office on December 5, 213. The Trademark Office decided not to register after trial.

jiaduobao refused to accept the decision and filed an application for re-examination with the Trademark Review and Adjudication Board.

However, the Trademark Review and Adjudication Board continued to make a decision that "the trademark shall not be approved for registration".

In the decision made on October 19th, 216, the Trademark Review and Adjudication Board held that the words "afraid of getting angry" and "drinking" in the trademark were easily understood by consumers as having the meaning of "afraid of getting angry, drinking", thus mistakenly believing that the trademark designated for use in "medical nutritious drinks" and other commodities had certain functions of inhibiting getting angry. The "Wang Lao Ji Company" clearly stated in the application that the goods designated by the trademark do not and should not have the efficacy and function to solve the problem of "getting angry". Therefore, the trademark is designated to be used on commodities such as "medical nutritious drinks", which is easy for consumers to misunderstand the functions and other characteristics of commodities.

jiaduobao continued to file an administrative lawsuit with Beijing Intellectual Property Court in the name of "Wang Lao Ji Co., Ltd.".

Beijing Intellectual Property Court rejected the lawsuit of "Wang Lao Ji Company". The first-instance judgment held that the description of the trademark "Afraid of getting angry and drinking Jiaduobao" was misleading. Therefore, the application for trademark registration in medical nutritious drinks and other commodities violates the provisions of Item 7, Paragraph 1, Article 1 of the Trademark Law of the People's Republic of China.

jiaduobao refused to accept the original judgment and appealed to the Beijing higher people's court, which accepted it on March 5, 218.

the reason for jiaduobao's appeal is that "I'm afraid of getting angry and drinking jiaduobao" is an original trademark combination of "Wang Lao Ji Company", which has the distinctiveness of trademarks. When it is used in designated goods, it will not cause consumers to misunderstand the functions and other characteristics of the products. It has evolved from advertising language to brand logo, which conforms to the provisions of Item 7, Paragraph 1, Article 1 of the Trademark Law and should be registered as a trademark.

On May 1, 218, the Beijing Higher People's Court made a second-instance judgment, dismissed the appeal and upheld the original judgment.

according to the judgment, the trademark "fear of getting angry and drinking Jiaduobao" can be divided into two parts: "fear of getting angry and drinking Jiaduobao". "Wang Lao Ji Company" also recognizes that "afraid of getting angry and drinking" was originally a advertising language, which the relevant public will think is a propaganda term for the product function, and it can be literally understood as the meaning of "if you are worried about getting angry, drink ……", indicating that the goods designated by the trademark will have medical and health care effects of preventing getting angry or even getting rid of it. Litigation trademark designated for use in "medical nutritious drinks; Infant milk powder; Baby food; Medical nutritious food; Medical nutrition; Medical candy "and other commodities will remind the relevant public that eating the above-mentioned food with the trademark of litigation will have the medical and health care effects of preventing fire or even removing fire. However, according to the existing evidence, it is impossible to prove that the above-mentioned goods produced by it have the medical and health care effects of preventing fire or even removing fire, so the term" afraid of getting angry and drinking "is likely to mislead the public.

alas, advertising is becoming more and more strict.

the news comes from Netease news.