On April 22, 21, Anyue County Industrial and Commercial Bureau received a complaint from Tsingtao Brewery Co., Ltd., claiming that the Tsingtao brand draft beer sold by Xiaozhou Liquor Business Department in Anyue County infringed its exclusive right to use a trademark. Under the arrangement of the bureau leaders, law enforcement officers conducted an on-site inspection of the business department and found that Zhou Guangdi, the operator of the business department, was suspected of selling beer that infringed the exclusive right to use the registered trademark of Qingdao. In order to further find out the facts, Anyue County Administration for Industry and Commerce filed an investigation on April 22 of the same year.

II. Introduction to the case

The client Zhou Moumou, male, Han nationality, is 28 years old; Business premises: No.54, No.178, North Section of Puzhou Avenue, Yueyang Town, Anyue County, and the Individual Business License is being applied for.

it is verified that on March 25th, 21, the party concerned Zhou bought 3,392 pieces of "Qingdao brand pure biochemical" beer from Qingdao Island Beer Co., Ltd., with a purchase price of 54,2 yuan. After the parties bought back this batch of beer, they sold 1, pieces of beer in Anyue County at the price of each piece in 2 yuan, and got a sales amount of 2, yuan. After the complaint of Tsingtao Brewery Co., Ltd., the bureau found out that the actual trademark of this batch of beer was "Maywind" beer, which was commissioned by Qingdao Island Brewery Co., Ltd. to be processed and produced by Shandong Tianyi Bioengineering Co., Ltd., and the name and address of the manufacturer were not indicated on the packaging and decoration, but the Qingdao Island Brewery Co., Ltd. did not have a production license, and there was no business scope for producing beer in the registration materials of the business license. When Qingdao Island Beer Co., Ltd. commissioned the processing and production of this batch of beer, the bottle used was a special bottle printed with the registered trademark of "TSINGTAO Beer" and the English registered trademark of "Tsingtao" by Tsingtao Beer Co., Ltd., and "Qingdao Brand Chunsheng" was used as its commodity name, which was used indiscriminately on the bottle body logo and the outer packaging box. The logo on the bottle body and the logo and pattern used on the outer packing box are similar to the "Tsingtao Brewery Pure Raw" pattern produced by Tsingtao Brewery Co., Ltd. and the registered trademark No.3888383 registered by Tsingtao Brewery Co., Ltd., and the party Zhou claimed that the beer was "Tsingtao brand pure draft beer" when selling it, so as to mislead the public and make consumers mistakenly think that the batch of beer was "Tsingtao Pure Raw" beer produced by Tsingtao Brewery Co., Ltd. Zhou Guangdi's act of selling beer belongs to the infringement stipulated in Item (2) of Paragraph 1 of Article 52 of the Trademark Law of the People's Republic of China, which has infringed upon the exclusive right to use the Chinese trademark Qingdao and the English trademark TSINGTAO registered by Tsingtao Brewery Co., Ltd..

III. Handling of the case

The act of selling beer infringing the exclusive right to use a registered trademark of Tsingtao Brewery Co., Ltd. by the party concerned conforms to the stipulation in Item (2) of Article 52 of the Trademark Law of the People's Republic of China that "any of the following acts is an infringement of the exclusive right to use a registered trademark: ……………………………………………………………………………………………………………………………………………………………………………………………

according to article 53 of the trademark law of the people's Republic of China, "…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… And Article 52 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China stipulates that "the amount of fines for infringement of the exclusive right to use a registered trademark shall be less than 3 times the amount of illegal business; If the amount of illegal business can't be calculated, the fine amount is less than 1, yuan. After research, it is decided to punish the parties: 1. Order to stop the infringement immediately; 2. Confiscation of 2,337 pieces of infringing beer detained on file.

IV. Analysis of the case

After receiving the complaint, our bureau immediately organized law enforcement officers to conduct a comprehensive investigation, basically locking in the illegal behavior of the parties in selling goods infringing on the exclusive right of others to register trademarks, and taking compulsory measures to detain the suspected infringing beer that the parties have not yet sold. If the party refuses to accept it, he immediately brings an administrative lawsuit to the court on the grounds that our compulsory measures are illegal, and publishes public opinion on the Internet, saying that our bureau has no jurisdiction over trademark infringement and it is illegal to take compulsory measures. Our bureau attaches great importance to it, and has held a case analysis meeting and a case trial meeting to confirm the final nature of the case. In the process of qualitative analysis, there have been two different arguments: One Bell holds that the beer sold by the parties in this case is similar to the beer produced and sold by Tsingtao Brewery Co., Ltd. in terms of name, packaging and decoration, and their behavior belongs to brand-name behavior, so their behavior should be regulated by the provisions of Article 9 of Several Provisions on Prohibiting Unfair Competition in the Name, Packaging and Decoration of Well-known Commodities, and the goods sold by the parties can be identified as counterfeit according to Article 6 of these Provisions. Another point of view is that although the beer sold by the parties in this case is similar to the beer produced and sold by Tsingtao Brewery Co., Ltd. in terms of name, packaging and decoration, the beer produced and sold by Tsingtao Brewery Co., Ltd. has been registered as a trademark and belongs to a well-known trademark, and the behavior of the parties is in accordance with the provisions of Article 3, paragraph 3, of the Provisions on Prohibiting Unfair Competition in Counterfeiting the Unique Names, Packaging and Decoration of Well-known Commodities, which are not applicable to the Regulations. According to Article 53 of the Trademark Law of the People's Republic of China, "... if the administrative department for industry and commerce finds that the infringement is established when handling it, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined." It is stipulated that the administrative department for industry and commerce has the right to identify trademark infringement, and in the process of identification, it should refer to the principles stipulated in Article 1 of the Supreme People's Court's Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes for investigation and evidence collection, and discuss and identify it through the case trial meeting. According to the second point of view, law enforcement officers adjusted the investigation plan, supplemented and improved a number of evidences such as investigation with Qingdao industrial and commercial authorities, investigation with Yucheng industrial and commercial authorities in Shandong, and consumer investigation. The facts of this case were ascertained on June 3, 21. Through discussion and analysis, the case trial Committee of this bureau unanimously determined that the parties to this case should be characterized as selling beer that infringes the exclusive right to use the registered trademark of Tsingtao Brewery Co., Ltd.

due to the clear facts, sufficient evidence and legal procedures, the administrative litigation brought by the parties to the court ended in the court's victory. The reason why this case can be finally closed mainly depends on the fact that law enforcement officers have seriously overcome the difficulties in the process of handling the case, used the methods and skills of "removing the cocoon from the silk, removing the cocoon from the easy first, and gradually deepening from the outside to the inside", and paid attention to finding out the ins and outs of the case, thus clarifying the facts and nature of the case. It is worth mentioning that according to Article 53 of the Trademark Law of the People's Republic of China, referring to the principle of trademark infringement in the Supreme People's Court, through the investigation of consumers, the bureau finally decided that the beer sold by the parties infringed the exclusive right to use the registered trademark of Tsingtao Brewery Co., Ltd. through discussion at the case trial meeting. This is an innovative attempt by our bureau to investigate and deal with cases of infringement of trademark exclusive right, and effectively safeguard the intellectual property rights of the obligee.

The successful investigation of this case was highly praised by Tsingtao Brewery Co., Ltd. and achieved good social benefits. The investigation of this case is of typical significance, with clear facts, sufficient evidence, accurate characterization, legal procedures and appropriate punishment.