On November 2, 2020, the names of two tire companies appeared on the Chinese Judgment Documents Online. They are Shandong Haohua and Tianjin Wanda. This three-year property rights dispute is once again on the table. Talk, what is the result? The plaintiff, Shandong Haohua Tire Co., Ltd. (referred to as Haohua Company), filed an administrative dispute with a third party, Tianjin Wanda Tire Co., Ltd. (referred to as Wanda Company), requesting for the invalidation of trademark rights. The two trademarks are: Shandong Haohua's trademark "compasal" ", Tianjin Wanda "COMPASS".
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Initial 2017
On September 28, 2017, Wanda Company used the disputed trademark and its previously approved registered reference trademark to form a 2013 trademark On the grounds of similar trademarks on similar goods as referred to in Article 30 of the Law, a trademark invalidation application is filed with the Trademark Review and Adjudication Board, requesting that the disputed trademark be declared invalid. To support its claim, Wanda Company submitted the following evidence materials: 1. Brochure; 2. List of taxable services and invoices; 3. Exhibition application form, confirmation notice, information feedback form, fee list, exhibition photos and other exhibition materials; 4. Contract and lawyer’s testimony; 5. "COMPASS" brand customers; 6. Detailed list; 7. Relevant information on the time of use of the cited trademark; 8. Advertising pictures.
Haohua Company responded within the time limit specified by the Trademark Review and Adjudication Board and submitted the following evidence materials: 1. Certificates obtained; 2. Factory scene photos; 3. The registration certificate and Madrid international registration information of the trademark under the name of Haohua Company; 4. Trademark licensing contract; 5. Product photos, promotional pictures, exhibition contract, exhibition agreement, and proof of accepting cross-border services.
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Trademark registration time of each tire company
No. 13594449 "compasal" trademark, Shandong Haohua applied for registration on November 22, 2013. Complete sets of tools approved for use in Class 12 for repairing inner tubes; inner tubes for pneumatic tires; pneumatic casings (tires); tire studs; solid tires for vehicles; tires (for vehicles); adhesive patches for inner tube repairs; automobile tires ; Bicycle and bicycle inner tubes; vehicle tire products, the exclusive period of trademark rights is until February 27, 2025, and the current trademark owner is Haohua Company.
The "COMPASS" trademark No. 1352104, Tianjin Wanda applied for registration on April 15, 1998, was approved for use in Category 12 bicycle inner and outer tires; bicycle inner and outer tires; motorcycle inner and outer tires; automobile inner and outer tires For tire products, the exclusive period of trademark rights is until January 6, 2030, and the current trademark owner is Wanda Company.
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Final ruling
The respondent ruled that the conclusion that the disputed trademark and the cited trademark constitute similar trademarks used on the same or similar goods is correct. The lawsuit filed by the plaintiff Shandong Haohua Tire Co., Ltd. was dismissed.
A famous person once said: It is easier to succeed if you follow the path that successful people have walked. However, some tire companies have misunderstood this sentence and believe that by plagiarizing the patterns and names of big brands, they can deceive others and themselves. For example, tires manufactured with German technology are actually born and raised by local tire companies. Just like the sausages made by Russian craftsmanship that were exposed before, it seems that the place of origin is Shenyang. After all, a cat cannot become a tiger.
This article comes from the author of Autohome Chejiahao and does not represent the views and positions of Autohome.