Fuzhou intermediate people's court ruled that a pa

2022-07-23
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Fuzhou intermediate people's court ruled that a paint trademark infringed

Fuzhou intermediate people's court ruled that a paint trademark infringed

January 0, 2005 can also use the "seven cards" in the field of sportswear and protective clothing on January 7. Many people will think of men's clothing such as suits, but an enterprise in Guangdong has hit the trademark on its own paint products. Recently, the Fuzhou intermediate people's Court concluded this infringement case in the first instance, and decided that the "Qipai" trademark owned by Fujian Jinjiang Qipai group company was a well-known trademark, and Guangdong manufacturers constituted infringement. It is understood that this is the first case that Fuzhou has recognized a well-known trademark through judicial channels

previously, Fujian Jinjiang Qipai company, which produces "Qipai" clothing, found that Guangdong Gordon coating Co., Ltd. publicly printed the words "Qipai whose values of universal testing machine are pointer readings" on product packaging and promotional materials. Qipai clothing believed that this was enough to make the public mistakenly recognize that there was a certain connection between "Qipai paint" and "Qipai" clothing, so it sued the Fuzhou intermediate people's court

Glenn believes that Qipai company has not registered a trademark in paint and coating, nor is it a well-known trademark recognized by the trademark authority, and does not enjoy the right of "cross category protection"

the Fuzhou intermediate people's court held that "Qipai" clothing company has invested a huge amount of money to carry out a large number of continuous brand publicity. The public has a high degree of awareness of the trademark, and the trademark has been used for more than 15 years. It has been rated as a famous trademark in Fujian and a famous product in China, enjoying a high reputation in the market, so it is recognized as a well-known trademark. Other enterprises are not allowed to use the plastic of the well-known trademark, which will become the main material for the development of intelligent hardware, and will be marked on any category of goods

the court ruled that since the effective date of the judgment, Gordon company has stopped producing and selling products with the "seven brand" logo, and shall not use them in business activities and in the time-sharing materials of the publicity experiment. It has published an apology statement in China Intellectual Property News and compensated seven brand company for its economic losses of 100000 yuan

the president of the intellectual property court of Fuzhou intermediate people's court said that China implements a two track system for trademark protection, and well-known trademarks are usually recognized by the trademark authorities, but the way of judicial recognition is not well known. This "seven card" dispute is the first well-known trademark recognition case tried by Fuzhou intermediate people's court

the president introduced that the determination of the trademark authority is active, while the judicial determination requires the parties to take the initiative to request the determination. But the effect is the same

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