The general routine of making tea is to find a base to sign a cooperation agreement in the core tea producing area, and then find an enterprise to do OEM work, and declare that your products are produced in the core tea producing area. Most of the tea packaging is not standardized, some will be printed with information such as manufacturers, plus their own registered trademarks, and some will hardly be marked with information and trademarks, but they will obviously mark the name of tea, such as "Pu 'er tea".
is the use of "pu' er tea" approved?
I asked, have you got permission to use the word "Pu 'er tea"?
The customer was very surprised: "Lawyer Wang, you are a lawyer. Pu 'er tea is the name of a product. Do you still need a license for the product name that everyone can call?"
"Pu 'er Tea" is a geographical indication trademark
"Pu 'er Tea" was registered as a geographical indication certification trademark by Yunnan Pu 'er Tea Association in 23, and the use of the trademark must be approved by the obligee.
geographical indication certification trademarks have strict use management rules, and they must meet the conditions before they can be used. What are the specific conditions? It can be found in the registration announcement of Pu 'er tea on the official website of the Trademark Office.
Counterfeiting of geographical indications has become a hot topic
A good friend of mine is doing the anti-counterfeiting of "Pu 'er Tea". He is the founder of a famous anti-counterfeiting platform, and they signed an anti-counterfeiting agreement with Pu 'er Tea Association.
According to the official website of the Trademark Office, there are nearly 2 use licenses for Pu 'er tea, but there are still many behaviors of using Pu 'er tea without permission in the market. Due to the large number of cases, it can be handled in batches to attract professional anti-counterfeiting institutions and platforms to carry out anti-counterfeiting business of geographical indications. In the near future, a large number of businesses will be sued and complained on the grounds of infringing the trademark right of "Pu 'er tea".
I still can't figure it out. Look at the case.
The customer said that everyone is calling "Pu 'er tea", which means it can be called.
"West Lake Longjing" and "Pu 'er Tea" are the names of tea products you mentioned, right? The Longjing Tea Industry Association in Xihu District is the right holder of "West Lake Longjing". You can go to the official website of the Supreme Court: China Judgment Document Network (/) and use "Longjing Tea Industry Association in Xihu District" as the key word, and you can retrieve 1,517 litigation documents, which is almost 1,5 cases, with a large number of cases.
Open the written judgment and compare it. If you are sued, will you be liable for compensation?
Lawyer Wang reminds
The storm of large-scale rights protection of geographical indications is coming. Before the storm comes, please regulate yourself in advance, and when you are sued, your losses will be great.
April 221