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Because of a "burning" trademark, Yuanqi forest "hit" Mengniu!

April 28, 2021 Author: kabe

Represented by Zhang Yuqi, the "elder sister"

Focus on "0 sugar, 0 fat, 0 calorie"

The vitality forest of propaganda concept,

As an Internet innovative beverage brand,

It's very popular.


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Yuanqi forest is not only a hard brand advertisement,

Even the trademark registration is not willing to be outdone.

Recently, the "burning" trademark of Yuanqi forest,

This led to a "trademark dispute" with Mengniu.


Not long ago, I learned from the trial information network of Beijing court, Yuanqi forest won the second instance lawsuit of "burning" trademark 35178063. The court of second instance revoked the first instance judgment and the commercial judges' reply to the decision of Yuanqi forest.


The brand of "burning" with twists and turns


In 2018, Yuanqi forest applied for No. 35178063 "burning" trademark. Coffee, tea, tea drinks, instant rice and condiments of commodity category 30 are designated. (collectively referred to as review commodities).


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And in November 2017, 2021欧美中文字幕_间桐慎二之我还能活多久无删txt_图标是个红色的高分影视盒子7.5. has applied for the Trademark No. 27247874.


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In October 2018, 2021欧美中文字幕_间桐慎二之我还能活多久无删txt_图标是个红色的高分影视盒子7.5. has applied for trademarks No. 34010242, 34010188, 34007897 and 34005718.  

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The court of first instance held that the trademark in dispute and several cited trademarks, including the application of Mengniu, Within the scope of designated or approved use, it is the same or relatively related to the function, purpose, consumption channel and consumption object of the commodity, forming the same or similar commodity.


At the same time, The structure of the disputed trademark "fire" is the same as that of the citation trademark "burn", which constitutes an approximate symbol If the trademark in dispute and the above cited trademarks coexist in the market, it will easily lead to confusion and misunderstanding of the source of the goods, It has constituted a similar trademark used on the same or similar goods.


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After the ruling, Yuanqi forest refused to accept the ruling, so he put forward a review. It is pointed out in the evidence that some of the quoted trademarks of Mengniu belong to the later application compared with Yuanqi forest company, All of them have been rejected due to the rejection of several "burning" series trademarks registered by Yuanqi forest company, which should not be a right obstacle to the approval of trademark registration.


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In addition, Yuanqi forest company has been approved to register a number of "burning" series trademarks in advance, and the trademark in dispute is the right extension of the registered trademark of Yuanqi forest company. The status of the trademark rights of No. 34010188 is unstable. We urge the court to suspend the trial and try the case again after the status of the quoted trademark rights is stable.


In this regard, the court of second instance found that, as of the end of the second instance, the reference trademark 34010188 was still a valid and valid trademark in the goods designated for use. In addition, the application for registration of the goods of the trademarks No. 34010242, 34007897 and 34005718 for their designated use has been rejected and is now invalid. Jinshan company, the obligee, gives up the exclusive right of "burning".


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thus, The court of second instance held that although there was nothing wrong with the decision of the accused and that of the original trial, the important facts affecting the registration of the trademark in dispute have changed, The State Intellectual Property Office still has to reexamine whether the application for registration of the trademark in dispute violates the relevant provisions of the trademark law. Finally, the State Intellectual Property Office of the people's Republic of China made a new decision on the No. 35178063 "burning" trademark.


The analysis of the editor of "Zan Biao"


Trademark is the appearance of enterprise brand and maintains the image of enterprise. From another angle, it can be said that trademark is the guardian of enterprise brand. Brand value is not worth money, the trademark is the master, this point is enough to explain when the "LETV" trademark auction reached 130 million.


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It has to be said that as a network company, Yuanqi forest's awareness of intellectual property is in place! According to incomplete statistics, Yuanqi forest has raised at least five times since it was founded four years ago. It is reported that Yuanqi forest is about to complete a new round of financing, with a post investment valuation of about $2 billion.


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To be where we are today, It is inseparable from the company's perfect layout of intellectual property rights. At the beginning of the unknown small enterprises, now everyone knows the star brand! It seems that after "riding the wind and breaking the waves", there will be gains.


More trademark related issues are welcome
400-091-5889
Customer service mobile phone thirteen billion nine hundred and twenty-four million two hundred and thirty-six thousand five hundred and fifty-one
Company phone 020-86394052
Guangzhou Company D3, 2 / F, Jianfa Plaza, 111 Airport Road, Baiyun District, Guangzhou
Shanghai company Room 802, East Building, BHC Central Center, 2218 Hunan Road, Pudong New Area, Shanghai
Link to this article: http://wwfhss.cn/news-1480/
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2021欧美中文字幕_间桐慎二之我还能活多久无删txt_图标是个红色的高分影视盒子7.5

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