if it is recognized as proprietary, you have to rename it; If you can find other manufacturers with the same or similar names, don't pay attention to them.

in short, did they apply for "motherwort" as a trademark? If so, I advise you to give up. If not, hurry to grab the note!

Here is a similar case, I hope to give you some enlightenment:

Brief introduction

Jiangsu Tianbao Pharmaceutical Co., Ltd. was established on August 18, 1995, mainly engaged in the development, production and sales of Shuangqi Tianbao oral liquid, tablets, capsules, granules and health care drugs. The company has always used the words "three strains of bacteria+Chinese herbal medicine" on the outer packaging of its main product-Shuangqi Tianbao oral liquid. Aft investigation, that "Sanzhu" and the graphic trademark used in the category 5 drug and medical nutrition products of the international classification of goods for trademark registration are the registered trademark of Jinan Sanzhu pharmaceutical Co., Ltd., with the registration number of No.8324, which was published in theNo. 54th Trademark Announcement, and its exclusive right to use the trademark is protected by law. Jiangsu Tianbao Pharmaceutical Co., Ltd. used the words "three strains of bacteria+Chinese herbal medicine" on the drug packaging, which was suspected of infringing the exclusive right of "three strains" and graphic trademarks. In this regard, there are mainly two different opinions: the first opinion is that "Sanzhu" and the graphic trademark have been approved for registration, and they cannot use the same words as the registered trademark in the decoration of goods of the same kind, and the behavior of Jiangsu Tianbao Pharmaceutical Co., Ltd. has constituted infringement; The second opinion is that Jiangsu Tianbao Pharmaceutical Co., Ltd. appeared the words "three strains of bacteria+Chinese herbal medicine" when introducing the main components of the product, which essentially added numerals and quantifiers to the composition of bacteria, so it should be regarded as goodwill use, and its behavior does not constitute trademark infringement. In order to be prudent, the Jiangsu Provincial Administration for Industry and Commerce asked the Trademark Office of the State Administration for Industry and Commerce for instructions on this issue on September 26, 1997. They preferred the second opinion, and thought that it was best to use Arabic numerals when describing the number of bacteria in commodity packaging in the future to avoid misunderstanding.

On October 16th, 1997, the Trademark Office gave an official reply based on the letter from Jiangsu Provincial Administration for Industry and Commerce and the materials provided, arguing that the words "three strains of bacteria+Chinese herbal medicine" used by Jiangsu Tianbao Pharmaceutical Co., Ltd. on the packaging of oral liquid products were neither trademarks nor commodity names, but words describing the ingredients of the products, which did not constitute an infringement of the exclusive right to use the "three strains" and graphic trademarks.

case analysis

this case is a typical case with the appearance of trademark infringement, but it does not constitute trademark infringement in essence.

first, it has the appearance of trademark infringement

1. "Sanzhu" and graphic trademarks are registered trademarks used in medicines by Jinan Sanzhu Pharmaceutical Co., Ltd., and they have a certain popularity. Jiangsu Tianbao Pharmaceutical Co., Ltd., as a pharmaceutical manufacturer, should know about "Sanzhu" and the graphic trademark, but without the permission of the trademark registrant, it used the words "Sanzhu+Chinese herbal medicine" on the drug packaging, and its core part "Sanzhu" was similar to "Sanzhu" and the graphic registered trademark. Generally speaking, this has the appearance of trademark infringement.

2. suppose this appearance is analyzed and this behavior is identified as trademark infringement, how to cite qualitative basis? Generally speaking, the first thing that comes to mind is Article 38 (1) of the Trademark Law, followed by Article 41 (2) of the Detailed Rules for the Implementation of the Trademark Law. If the former is cited, there is a premise that "three strains of bacteria+Chinese herbal medicine" is used as a trademark, but the trademark used by Jiangsu Tianbao Pharmaceutical Co., Ltd. on drugs is "Mei Chun" and graphics, and the words "three strains of bacteria+Chinese herbal medicine" do not have the recognition that a trademark should have, so it is not appropriate to treat this as a trademark. If the latter is cited, it is necessary to determine whether "three strains of bacteria+Chinese herbal medicine" is used as a commodity name or as a commodity decoration. Obviously, the name of the drug is Shuangqi Tianbao Oral Liquid, and "three strains of bacteria+Chinese herbal medicine" does not belong to the way of using the commodity name: "three strains of bacteria+Chinese herbal medicine" is composed of normal characters and does not belong to the commodity decoration. In the case that this cannot be defined by referring to the above-mentioned law, Article 38 (4) of the Trademark Law can be directly cited, if this behavior has indeed caused damage to the trademark registrant and is not included in the three situations mentioned in Article 41 of the Detailed Rules for the Implementation of the Trademark Law.

Third, it does not constitute trademark infringement

1. Does it necessarily constitute trademark infringement if it has the appearance of trademark infringement? The answer is no. The exclusive right to use a trademark is a civil right, and its precedent is relative, that is, it cannot hinder the interests of the public and cannot exclude the normal use of others. That is to say, the exercise of the exclusive right to use a trademark is subject to certain restrictions, which are opposed to the interests of the public and the normal use of others. Even if this use is the same as or similar to the registered trademark on the same or similar goods, the trademark registrant has no right to interfere. In this regard, although the Trademark Law is not clearly defined, the relevant laws and regulations have recognized this situation, and the practice of trademark law enforcement for many years has also recognized this situation. For example, the use of registered trademarks by trademark management authorities for management needs and the use of registered trademarks by news media for publicity needs are not regarded as trademark infringement. However, the restricted scope of the exclusive right to use a trademark, especially the performance of normal use, should be gradually clarified, and it is suggested that this issue should be considered emphatically when revising the Trademark Law in the future.

2. In this case, the behavior of Jiangsu Tianbao Pharmaceutical Co., Ltd. has the appearance of trademark infringement. If it is not regarded as trademark infringement, the only defense reason "three strains of bacteria+Chinese herbal medicine" belongs to normal use. According to the materials provided by Jiangsu Provincial Administration for Industry and Commerce, bacteria is a common name in biomedicine, which is often expressed by strains; Therefore, the words "three strains of bacteria+Chinese herbal medicine" were used. From this, we can see that "three strains of bacteria+Chinese herbal medicine" is a description of the fact, which describes the product components and belongs to the normal use scope. Even if "three strains of bacteria" are similar to "three strains" and graphic registered trademarks, it does not constitute trademark infringement.

3. In dealing with trademark infringement cases, we should have an accurate judgment on the normal use mode. Also in this case, assuming that the two fonts of "Sanzhu" and "Sanzhu" in the graphic registered trademark are unique, and the word "Sanzhu" of "Sanzhu+Chinese herbal medicine" is the same or extremely similar to it, which makes it difficult to distinguish it, it shows that Jiangsu Tianbao Pharmaceutical Co., Ltd. is subjectively at fault, and the words "Sanzhu+Chinese herbal medicine" are not in normal use, and its behavior can be considered as trademark infringement. Assuming that Shuangqi Tianbao oral liquid does not contain three strains of bacteria or the actual quantity does not match the label, the normal use of the words "three strains of bacteria+Chinese herbal medicine" can also be ruled out.

good luck!