Current location - Trademark Inquiry Complete Network - Trademark registration - Is six pure walnuts legal?
Is six pure walnuts legal?

Legal analysis: Not similar, but there are risks in registering a trademark. Suspected of selling counterfeit food, law enforcement officials may seize "six pure walnuts" on sale in the store. This situation is a serious phenomenon of free riding and relying on famous brands, which constitutes unfair competition. Apply to the Trademark Office to cancel the registered trademark. By checking the website of the Trademark Office, we can see that these disputed trademarks are indeed in the state of cancellation/invalidation. Presumably Hebei Yangyuan Zhihui Beverage Co., Ltd. has already started to deal with this matter. In addition, if the trademark perspective fails, the six walnut companies can also sue them for unfair competition and safeguard their legitimate rights and interests by protecting the unique packaging and decoration rights of well-known products.

Legal basis: "Trademark Law of the People's Republic of China" Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification marks; trademark registration Everyone has the exclusive right to use a trademark and is protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.