In the southeast of Liaoning Province, there is China's largest border city, across the river from North Korea. This beautiful city has countless stories and history. During the war-torn period of the last century to resist U.S. aggression and aid Korea, Shanghai moved a production line from the Shanghai Toothpaste Factory to Dandong on the banks of the Yalu River in order to support border construction in the far northeast. The Dandong Chemical Factory was later built on this production line.
With the end of the war, Dandong Chemical Factory later changed its name to Dandong Kangchiling Toothpaste Co., Ltd. Kangchiling became the second toothpaste manufacturer in the country after the founding of the People's Republic of China. "Kangchiling", which is over 60 years old, "Ling" was a household name at that time. A few years after the name change, Kangchiling successfully produced China's first Chinese herbal toothpaste, which relied on a unique Chinese medicine formula to have significant anti-inflammatory and analgesic effects. Kangchiling, which is deeply loved by users, has taken advantage of the reform and opening up to develop rapidly, and became one of the top ten toothpaste brands in China in the 1990s.
Later, Kangchiling gradually declined due to problems such as corporate structure and operational concepts, as well as external factors such as the entry of foreign brands and the emergence of many brands in the toothpaste market. After the millennium, Kangchiling After changing hands several times, it gradually faded out of people's sight. In September 2014, Dandong Pharmaceutical Materials Co., Ltd. acquired Kangchiling from Qinlian Holdings, hoping to restore the old brand to glory. However, the results were unsatisfactory. One of the important reasons was that "Kangchiling" fell into into the whirlpool of trademark disputes. For this reason, Kangchiling also took the National Trademark Review and Adjudication Board to court in June this year.
During the wave of state-owned enterprise reform in 1991, Dandong Chemical Factory sold its toothpaste production line as a whole in the form of equity, and this business was transformed into a private enterprise "Kangchiling Company". During the restructuring, Dandong Chemical Factory transferred the "Kangchiling" trademark (Class 3) to Kangchiling Company in accordance with the law. This trademark was later recognized as "Liaoning Province Famous Trademark" and "China Famous Brand" trademark". In 2015, Kangchiling Company applied for the registration of the "Kangganing" trademark, and it was approved for use in Class 3 the following year. However, as soon as the trademark was registered, it received a request from the Trademark Review and Adjudication Board to declare the "Kangganing" trademark invalid. .
This is because when the trademark was successfully registered, Dandong Corning Company filed an application for invalidation of the trademark with the Trademark Review and Adjudication Board. Corning Company was another company established as a result of the restructuring of Dandong Chemical Factory at that time. A butyl boron cream called "Kangganing" is its main product, and the trademark "Kangganing" is suspected to be similar to the registered "Kangganing". Later, the Trademark Review and Adjudication Board determined that the trademarks "Kang Chi Ning" and "Kang Jin Ning" differed only by one word and were similar in terms of word composition and calligraphy, which could easily cause confusion. Moreover, the two products were approved to use goods in terms of functions, uses, and consumer objects. The ruling on the trademark "Kangganing" was declared invalid on the grounds that the trademarks were similar.
Kangchiling refused to accept the ruling and had to choose to sue the Trademark Review and Adjudication Board and Corning after several ineffective communications. It is worth noting that Corning also applied for the "Kangchiling" trademark in 2006, but it was rejected by the Trademark Office because it was similar to the well-known trademark "Kangchiling". Kangjiling Company believes that Corning Company maliciously acted like a famous brand when it originally registered "Kanggening", so it cannot be used as a basis for prior citation.
In fact, in the final analysis, this is a trademark dispute arising from issues left over from restructuring, and the focus of the dispute is whether the "Corning" trademark registered by Corning Company is legal, because after all, Kangchiling was already well-known throughout the country before 2009. If Corning loses this lawsuit, then it will obviously be a loss outweighing the gain. It will not only "steal the chicken" but also "lose the rice." Intellectual property rights have gradually become a major subject. Enterprise registration must not be a small matter.