Recently, there have been constant disputes over trademark infringement cases involving time-honored brands. First, the North and South Rice Trademarks in Daoxiang Village have been mutually trademarked for more than ten years, but there has been no result until now. The effort and resources invested in this are lamentable.
Second, the Guanshengyuan brand is scattered in dozens of companies across the country, and disputes over the division of interests between Shanghai Guanshengyuan and Chengdu Shangguanshengyuan continue. Third, the tug-of-war over the Wanglaoji Jiaduobao trademark ended in a "breakup" in the market. However, there were more than 20 battles this time. The entire herbal tea market also changed from rapid growth to slowdown, with sales growth for the first time. There is a decline. Kantar Worldpanel shows that as of June this year, herbal tea sales in the household consumer market dropped by 9% year-on-year, while the growth rate in the same period last year was 1%; household penetration has declined in the past three years, in 2015, 2016, and 2017 In the first half of the year, they were 51.5, 48.7 and 45.4 respectively. Fourth, the nine-year litigation involving many liquor companies in Jiebeina has gone through twists and turns and "reversed the case" many times and finally settled. There are other trademark infringement cases that are older and have more tortuous trademark disputes. Trademark infringement, since the concept of trademark has sprouted in our country, has brought a steady stream of economic benefits but also frequent infringement incidents: trademark infringement, counterfeit trademarks, and trademark squatting have caused headaches for entrepreneurs, especially Infringement incidents of time-honored brands, because time-honored brands are generally "old brands" that have been operating for a long time, it is impossible to change the trademark. Directly giving up the trademark means giving up the loyal consumers behind the trademark management. Infringement incidents of time-honored brands often occur. , let’s see what legal experts say: In June 2016, the Supreme People’s Court issued the 12th batch of four guiding cases, one of which was Chengdu Tongdefu Hechuan Peach Pieces Co., Ltd. v. Chongqing Hechuan District Tongdefu Peach Pieces Co., Ltd. Company and Yu Xiaohua’s case of trademark infringement and unfair competition disputes. It is worth noting that the adjudication rules established in the Tongdefu case clarified the determination of unfair competition when the rights of time-honored brands conflict with registered trademarks, and the rules for the parallel use of time-honored brands and registered trademarks. It also clarified the protection of time-honored brands. direction. In other words, there should be “new solutions” to disputes over time-honored trademarks. Some legal experts said that disputes over time-honored trademarks should be adjudicated from the perspective of history, reality, and fairness. There are roughly three solutions: registering a collective trademark, and enterprises outside the collective cannot use it; there are few users of the trademark, so trademark *** can be considered Yes; geographical indications such as "Jing" and "Shen" can be added in front of time-honored trademarks to distinguish them. Of course, in the specific adjudication process, factors such as the public's awareness of the preemptive trademark, the duration of use, protected records, the extent of publicity, and the geographical scope must also be comprehensively considered in accordance with laws and regulations such as the Trademark Law. However, in order to reduce trademark infringement by time-honored brands, legislation should also strengthen the protection of trademark rights.