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Resolution of “common name” disputes calling for rationality and prudence

In December 2005, Mengniu Dairy filed a lawsuit with the Hohhot Intermediate People's Court, arguing that a Henan dairy company's "Sour Yoghurt" lactobacillus beverage not only used the same brand as the plaintiff's "Sour Yogurt" , and the packaging and decoration are similar to the plaintiff's "sour yogurt" drink, requiring the other party to immediately stop infringement. On February 16 of the following year, the Hohhot Intermediate People's Court held a public hearing on the case and ordered the defendant to immediately stop infringement and unfair competition of the plaintiff's unregistered well-known trademark "Sour Yogurt".

After this judgment was made, many dairy companies such as Sanlu, Yili, and Guangming expressed their opposition and submitted letters of objection to the Inner Mongolia High Court. Because of this, companies in the industry will lose the right to use "sour yogurt". Five of them presented evidence of opposition to the Inner Mongolia High Court in August. Several companies believe that the Hohhot Intermediate People's Court's determination that "Sour Yogurt" is Mengniu's unregistered trademark and a well-known trademark is an error and require correction.

Experts believe that the intensification of squatting on “generic names” as trademarks is closely related to the way law enforcement agencies have generally handled similar cases in the past. Whether it is the industrial and commercial department or the court, as long as the trademark registrant can provide the "Trademark Registration Certificate", they will generally punish others on the basis that the words used by others are similar to the registered trademark and constitute infringement. The objections of peer companies are almost never taken into consideration. and whether the trademark is an improperly registered trademark involving a "common name" and other factual factors.

"'Common name' trademark disputes often involve the development order of the entire industry. It is critical to quickly improve existing laws and regulations to curb squatting behavior. However, before new regulations are researched and formulated, law enforcement agencies should act in a legal manner. , reasonable and reasonable purposes, handle 'generic name' trademark disputes rationally and prudently, and take measures to deal with unfair competition." Liao Junming also suggested that the most effective measure to prevent "generic names" from being registered in the industry is to Each industry association or chamber of commerce entrusts a professional trademark agency to conduct monitoring, and promptly file objection applications if abnormal conditions are found, so that the exclusive right to a preemptively registered trademark cannot be obtained.