1. The history and trademark rights of Wanglaoji
Wanglaoji is a kind of Chinese herbal herbal tea, which was founded in 1828 and has a history of a hundred years. In 1995, Guangdong Wanglaoji Beverage Co., Ltd. was established, registered the "Wanglaoji" trademark, and became the official producer of the brand. The trademark has received many national and international certifications.
2. Listed companies engaged in backdoor transactions and were suspected of misappropriating trademark rights
In 2008, Jiu Pharmaceutical Group Co., Ltd. borrowed money from Shenyang Newyu Group Electronics Co., Ltd. and was restructured into Shenyang Jiuzhoutong Pharmaceutical Group Co., Ltd. Jiuzhoutong has a trademark dispute with Guangdong Wanglaoji Beverage Company. Wanglaoji Beverage Company accused Jiuzhoutong of infringing its "Wonglaoji" trademark rights and trying to steal the commercial interests of "Wanglaoji". In addition, Wanglaoji Beverage Company also claimed that Jiuzhoutong had misappropriated its previously proven right to use its trademark. Jiuzhou Tongze claimed that they purchased the trademark transfer procedures from the Guangdong Provincial Administration for Industry and Commerce.
3. Court hearing and application for trademark revocation
In July 2016, the Guangzhou Intellectual Property Court publicly announced its judgment that the "Wanglaoji" trademark of Guangdong Wonglaoji Beverage Co., Ltd. enjoyed legal trademark ownership. products, and ordered the parties Wang Fengshan and Chen Wei to immediately stop using and commercially promoting all the "Nine Systems Wong Lo Kat" names involved in the territory of the People's Republic of China. In addition, Jiuzhoutong was also considered to have infringed on the trademark rights of Wong Lo Kat Beverage Company, including "Wong Lao Kat" and other trademarks, so it announced that it had canceled the right to use the "Wang Lao Kat" trademark. Jiuzhoutong appealed, but was ultimately rejected and the first-instance judgment was upheld.
4. Outcome and Enlightenment
The outcome of this case is that Wanglaoji Beverage Company successfully defended its trademark rights and announced the cancellation of Jiuzhoutong’s trademark use rights. This also reminds companies and investors to be very cautious in trademark registration and rights protection, not to infringe other people's trademarks, and to protect their own trademark rights. Enterprises should carry out brand protection in a timely manner, standardize internal management of the enterprise, do a good job in copyright application and maintenance, prevent others from imitating or misappropriating their rights and interests, and ensure the normal development of the enterprise.