This case focuses on the theme:
Apply the well-known trademark protection provisions to combat the malicious registration of trademarks that copy and imitate others' trademarks that are already well known to the relevant public.
1. Basic Facts
proposer:Youku Network Technology (Beijing) Co., LTD
Respondent: Shanghai Fangni International Trade Co., LTD
Disputed trademark:
The respondent filed an application for registration in December 2015, obtained registration in February 2017, and approved products for use: Class 5 baby diapers, baby diapers, disinfectant tissues, medical nutrition, insect insecticides, sanitary napkins, sanitary pads, tissue paper impregnated with medicinal liquid, baby food, diapers for indiscipline.
The applicant's main reason: the applicant's "Youku.com" has gained a high reputation after long-term publicity and use. The disputed mark and its trade mark No. 13415520 "YOUKU" (hereinafter referred to as Cited Mark 1) constitute a similar mark on similar goods. The disputed trademark is a copy or imitation of the applicant's well-known trademark No. 5236725 "YOUKU" trademark and No. 5939386 "Youku Youku the world is watching" trademark (hereinafter referred to as the cited trademark II and III).The request is based on 2013《Trademark Act》Article 13, Paragraph 3, Article 30 and other provisions shall declare the disputed trademark invalid.
The main reasons for the respondent's defense: the applicant's cited trademarks II and III have not reached the well-known level. The disputed mark and the cited mark do not constitute similar marks on similar goods. In summary, it is requested to maintain the registration of the disputed trademark.
3. Typical significance
This case is based on the Trademark Act Article 13 Cases concerning the regulation of acts of copying a registered well-known trademark of another person on goods that are not identical or similar.Whether the situation regulated by the above article is valid, it is necessary to consider the applicant's claim that the well-known trademark is applied in another case《Trademark Act》Article 13 To be protected, in this case it is still necessary to prove whether the disputed trademark has continued to be well-known before the application; Secondly, whether the disputed trademark constitutes an imitation of the applicant's well-known trademark; Third, whether the registration or use of the disputed trademark misleads the public, resulting in the interests of the well-known trademark registration may be damaged. The trial of this case strictly follows the principles of case-by-case identification, need-based identification, passive protection, etc. From the perspective of protecting the interests of well-known trademark holders and safeguarding fair competition and consumer rights and interests, the trademark registration acts that may take advantage of the popularity and reputation of well-known trademarks, cause market confusion or public misrecognition, and cause damage to the interests of well-known trademark holders are prohibited. So as to provide more powerful legal protection for well-known trademarks compared with ordinary trademarks. Author's Unit: National Intellectual Property Office Trademark Office Review and Adjudication Ninth Division (Source: Zhao Shuang China Trademark Association)
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