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The Deceived Hero-100 Fountain Pen

1.

In the international market, before selling goods, the trademark of the goods must be registered in the place of sale. Otherwise, once registered by local people, sellers will suffer huge economic losses.

Many years ago, my country's Shanghai Pen Factory produced a "Hero 100" pen. This fountain pen factory is a time-honored brand with superb production technology, novel style and design, and smooth pen writing. Once the "Hero 100" fountain pen was launched, it quickly gained favor from consumers and became very popular in the market.

After this pen was launched in overseas markets, it was deeply loved by foreign consumers and became a very popular product.

Manufacturers are very happy to see the incoming orders and are actively producing at full capacity.

2.

"What's going on? They're angry when they see the pens we produce making money, right?" Assistant Xiao Zhang couldn't help but interrupt the mediator after hearing this. Lao Chen's words.

"Yeah, who wouldn't be jealous when you see others making a lot of money? This is the nature of those unscrupulous businessmen." Lao Chen explained, "They found that the Hero 100 fountain pen was not there Japan registered a trademark, so they registered our trademark in their name first. Now, we are infringing on their trademark rights by selling our own products!”

“What’s going on? , Just be a rogue, there are still such businessmen in the world!" Xiao Zhang said angrily. "Later, tell me quickly."

The manufacturer was shocked and extremely aggrieved when he received the lawyer's letter from the other party.

"There must be some misunderstanding. Our trademark has long been registered with the national industrial and commercial department. How come it infringes on their trademark rights?" The manufacturer did not dare to delay and quickly entrusted the foreign trade department to negotiate.

It is very clear that the "Hero" trademark used on the pens produced by the Shanghai manufacturer has long been registered in our country. However, we have not applied for registration in Japan, where the pen is sold, so the trademark can only be protected within the legal jurisdiction of our country and cannot of course be protected by Japanese law.

"So that's it. Is this similar to the Mickey Mouse and Donald Duck trademarks?" Xiao Zhang interjected and asked. (See Coffee Beans Being Deceived (continued))

"Yes, it's similar to that incident. It's a case of the trademark being registered by others." Lao Chen continued.

"How was this matter handled in the end?" Xiao Zhang was eager to know the consequences of the matter.

3.

We negotiated with the Japanese side, and they proposed two compensation plans. One was to pay a sum of money to buy back our own trademarks from them, and the other was, Pay them a commission based on a percentage of sales, either way.

"MD, none of them are cost-effective for us." Xiao Zhang said angrily.

"Who says otherwise? However, from a legal perspective, we are really in the wrong. The trademark is registered in whose name it belongs. After all, we are in China but did not register this in Japan. Trademark." Lao Chen said with some regret.

"Stop talking, we will definitely lose money in the end, right." Xiao Zhang knew it well.

"Yes, we compensated the other party and lost a lot of money in vain." Lao Chen said a little sadly.

"There are many more such things." Xiao Zhang asked quietly.

"At that time, we were inexperienced and did business honestly, and we did suffer some losses. However, these were all the result of not being familiar with legal knowledge. Now, this is not a problem. Our people are also imitating thieves," Lao Chen said with a strange smile.