In recent years, with the improvement of public and institutional awareness of intellectual property protection, disputes and lawsuits surrounding trademark rights have also increased significantly. Among them, the most influential Guangzhou Pharmaceutical Group and Hong Kong Hongdao Group launched a protracted lawsuit around the trademark "Wang Lao Ji". At that time, the brand value of Wang Laoji was as high as1080438+0.5 billion yuan. The court ruled that Hong Kong Hongdao Group stopped using the trademark "Wang Lao Ji" and finally settled the dispute. However, in the years-long trademark battle, both companies paid a heavy price.
What is a trademark? Why can it be traded, auctioned and transferred like a commodity? How does China's current law stipulate trademark protection?
According to the Trademark Law of People's Republic of China (PRC), a trademark is a commercial symbol used to distinguish goods and services from different sources, including words, graphics, letters, numbers and sounds. A trademark approved and registered by the Trademark Office is a registered trademark, and the exclusive right to use a trademark enjoyed by a trademark registrant is protected by law.
As far as attributes are concerned, trademarks belong to an intellectual property right and can be sold and transferred. Trademark transfer refers to the act that a trademark registrant transfers the exclusive right to use a trademark to others in accordance with legal procedures within the validity period of a registered trademark. After the trademark is transferred, the assignor is no longer entitled to dispose of the trademark. Trademark transfer is easily confused with trademark license, which refers to the legal holder of a trademark filing with the State Trademark Office and allowing others to use its registered trademark.
The litigation dispute between Guangzhou Pharmaceutical Group and Hong Kong Hongdao Group about the trademark of "Wang Lao Ji" belongs to the competition for the right to use the trademark of "Wang Lao Ji", because the ownership of the trademark has not been changed to Guangzhou Pharmaceutical Group, and both parties only have different opinions on the time when Hongdao Group legally uses the trademark of "Wang Lao Ji".
The auction of "Tianqi" trademark by the court belongs to the transfer of trademark rights. Once the bidder buys the trademark, it means that the ownership of Tianqi trademark has changed. The buyer will obtain the exclusive right, the right to benefit and the right to dispose of Tianqi trademark.
It should be emphasized that a trademark is a symbol of goods or services and an important part of a brand. Once a trademark is highly recognized by consumers and the market, it will become a brand, and its value will greatly increase, even far exceeding the value of the goods or services it identifies. This is why a bottle of drinks with only a few dollars is often worth hundreds of thousands or even millions.
It is precisely because of the importance of trademarks that the Trademark Law stipulates that "if a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office. The transferee shall guarantee the quality of the goods using the registered trademark. "
The Trademark Law also clearly stipulates that a trademark registrant may authorize others to use his registered trademark by signing a trademark license contract. Where another person is licensed to use its registered trademark, the licensor shall submit the trademark use license to the Trademark Office for the record, and the Trademark Office shall make an announcement. The licensee shall guarantee the quality of the goods used in the registered trademark. If you have any questions or interests about trademarks, please visit Bajie Intellectual Property Trademark Network!