If it is recognized as proprietary, it must be renamed; If you can find other manufacturers with the same or similar names, don't pay attention.
To put it simply, did they apply for "motherwort" as a trademark? If so, I advise you to give up. If not, grab the note!
Here is a similar case, hoping to give you some inspiration:
Brief introduction of the case
Jiangsu Tianbao Pharmaceutical Co., Ltd. was established in August 1995. Mainly engaged in the research and development, production and sales of Shuangqi Tianbao oral liquid, tablets, capsules, granules and health care drugs. The company has been using the words "three strains of bacteria+Chinese herbal medicine" on the outer packaging of its main product-Shuangqi Tianbao oral liquid. Upon investigation, the "Zhu San" and graphic trademarks used in Category 5 drugs and medical nutrition products in the International Classification of Goods for Trademark Registration are registered trademarks of Jinan Zhu San Pharmaceutical Co., Ltd., with the registration number of 832040, and published in the Announcement of Registered Trademarks in People's Republic of China (PRC) No.2006/2007. Article 540th The exclusive right to use a trademark in a trademark announcement shall be protected by law. Jiangsu Tianbao Pharmaceutical Co., Ltd. used the words "three strains of bacteria+Chinese herbal medicine" on drug packaging, which was suspected of infringing the exclusive right of "three strains of bacteria" and graphic trademarks. In this regard, there are mainly two different opinions: the first opinion is that "Zhu San" and graphic trademarks have been approved for registration, and the same words as registered trademarks cannot be used in the decoration of similar goods, and the behavior of Jiangsu Tianbao Pharmaceutical Co., Ltd. has constituted infringement; The second opinion is that Jiangsu Tianbao Pharmaceutical Co., Ltd. appeared the words "three strains of bacteria+Chinese herbal medicine" when introducing the main components of the product, which essentially added numerals and quantifiers to the components of the bacteria, so it should be considered as bona fide use, and its behavior does not constitute trademark infringement. In order to be prudent, Jiangsu Provincial Administration for Industry and Commerce asked the Trademark Office of the State Administration for Industry and Commerce for instructions on this issue with 1997 on September 26th. They tend to the second opinion that it is best to use Arabic numerals when describing the number of bacteria on commodity packaging in the future to avoid misunderstanding.
1997 10 16, the Trademark Office gave a reply according to the letter from Jiangsu Provincial Administration for Industry and Commerce and the materials provided, and thought that the words "three strains of bacteria+Chinese herbal medicine" used by Jiangsu Tianbao Pharmaceutical Co., Ltd. on the packaging of oral liquid products were neither trademarks nor commodity names, but words describing the product components, which did not constitute an infringement on the exclusive right of "three strains of bacteria" and graphic trademarks.
case analysis
This case is a typical case of trademark infringement, but it does not constitute trademark infringement in essence.
First, it has the appearance of trademark infringement.
1. "Zhu San" and the graphic trademark are registered trademarks used by Jinan Zhu San Pharmaceutical Co., Ltd. on medicines, which have a certain popularity. Jiangsu Tianbao Pharmaceutical Co., Ltd., as a pharmaceutical manufacturer, should know something about "Zhu San" and graphic trademarks, but without the permission of the trademark registrant, it used the words "Zhu San+Chinese herbal medicine" on the pharmaceutical packaging, and its core part "Zhu San" is similar to "Zhu San" and graphic registered trademarks. Generally speaking, this has the appearance of trademark infringement.
2. Suppose this kind of appearance is analyzed and it is determined that this kind of behavior is trademark infringement. How to cite qualitative basis? Generally speaking, the first thing that comes to mind is Article 38 of the Trademark Law (1), followed by Article 4 1 of the Detailed Rules for the Implementation of the Trademark Law (2). If the former is cited, there is a premise that "three strains of bacteria+Chinese herbal medicine" is used as a trademark, but the trademark used by Jiangsu Tianbao Pharmaceutical Co., Ltd. on drugs is "Meichun" and graphics, and the words "three strains of bacteria+Chinese herbal medicine" do not have the recognition that a trademark should have, so it is not appropriate to treat it as a trademark. If the latter is cited, it is necessary to determine whether "three strains of bacteria+Chinese herbal medicine" is used as a commodity name or as a commodity decoration. Obviously, the name of the drug is Shuangqi Tianbao Oral Liquid, and "three strains of bacteria+Chinese herbal medicine" does not belong to the use of the commodity name: "three strains of bacteria+Chinese herbal medicine" is composed of normal characters and does not belong to commodity decoration. In the case that it is impossible to define this with reference to the above provisions, if the act does cause damage to the trademark registrant and does not fall into the three situations mentioned in Article 4 1 of the Detailed Rules for the Implementation of the Trademark Law, Item (4) of Article 38 of the Trademark Law can be directly cited.
Third, it does not constitute trademark infringement.
1. Does the appearance of trademark infringement necessarily constitute trademark infringement? The answer is no, the exclusive right to use a trademark is a civil right, and its precedent is relative, that is, it cannot hinder the public interest or exclude the normal use of others. In other words, the exercise of the exclusive right to use a trademark is restricted to some extent, which is contrary to the public interest and the normal use of others. Even if such use is the same as or similar to the registered trademark on the same or similar goods, the trademark registrant has no right to interfere. In this regard, although the Trademark Law is not clearly defined, relevant laws and regulations have recognized this situation, and many years of trademark law enforcement practice have also recognized this situation. For example, the use of registered trademarks by trademark management authorities for management needs and the use of registered trademarks by news media for publicity needs are not regarded as trademark infringement. However, the scope of restrictions on the exclusive right to use a trademark, especially the performance of normal use, should be gradually clarified, and it is suggested that this issue should be considered in the revision of the trademark law in the future.
2. In this case, Jiangsu Tianbao Pharmaceutical Co., Ltd. has the appearance of trademark infringement. If it is not regarded as trademark infringement, the only defense reason "three strains of bacteria+Chinese herbal medicine" belongs to normal use. According to the materials provided by Jiangsu Provincial Administration for Industry and Commerce, bacteria is a common name in biomedicine, which is commonly expressed by strains; So the words "three strains of bacteria+Chinese herbal medicine" were used. It can be seen that "three strains of bacteria+Chinese herbal medicine" is a description of the facts and describes the product components, which belongs to the normal use range. Even if the "three strains" and "three strains" are similar to the graphic registered trademark, it does not constitute trademark infringement.
3. When dealing with trademark infringement cases, we should have an accurate judgment on the normal use mode. Also in this case, assuming that the two fonts of "Zhu San" and "Zhu San" in the graphic registered trademark are unique, and the word "Zhu San" of "Zhu San+Chinese herbal medicine" is the same or extremely similar to it, it is difficult to distinguish it, which means that Jiangsu Tianbao Pharmaceutical Co., Ltd. is subjectively at fault, and the word "Zhu San+Chinese herbal medicine" is not used normally, and its behavior can be considered as trademark infringement. Assuming that Shuangqi Tianbao oral liquid does not contain three strains of bacteria or the actual quantity does not match the label, the normal use of the words "three strains of bacteria+Chinese herbal medicine" can also be ruled out.
Good luck!