Tsingtao Beer was founded in 1903, with a long history of nearly 120 years, the long time span has given "Tsingtao Beer" enough influence and extremely high visibility, its success was selected in China's first ten well-known trademarks, the brand value is self-evident. Laoshan Beer is also widely known as the second brand of Tsingtao Beer Co., LTD.
For a long time, some businesses in order to attract attention, expand the market, quick profits, usually through the "brand-name" "free ride" behavior to take shortcuts. This is not, a Qingdao food company in 32 types of beer, plant drinks and other products applied for the "Laoshan Peninsula" trademark.
After the announcement of the preliminary examination of the trademark, Qingdao Beer Co., Ltd. filed a trademark objection application within the announcement period to block. The reasons for its objection are: First, No. 42184885 "LAOSHAN Peninsula" trademark and its company No. 980688 "Laoshan" trademark, No. 6026950 "Laoshan" trademark, No. 17555796 "Lao Beer", No. 20113861 "Lao Beer" trademark, No. 11958952 "Laoshan" trademark, No. 25008850" Laoshan Wind "trademark and Laoshan King Laoshan King" trademark No. 1299381 constitute similar trademarks on the same or similar goods; Second, "Laoshan" trademark has been identified as a well-known trademark, "Laoshan Peninsula" trademark is a copy of "Laoshan" well-known trademark; Third, the registration and use of the trademark "Laoshan Peninsula" is deceptive, which is easy to make the public misidentify the characteristics or origin of the goods; 4. Qingdao Food Company's malicious application for the registration of the "Laoshan Peninsula" trademark violates the principle of good faith and will bring great damage to consumers and the entire market order.
After examination, the State Trademark Office determined that the trademarks of the two sides are similar in terms of text composition and call, and have constituted similar trademarks used on similar goods, and the coexistence of use is easy to cause consumer confusion and misidentification. basisTrademark ActArticle 30, 35, decided: No. 42184885 "Laoshan Peninsula" trademark shall not be registered.
A food company in Qingdao refused to accept the decision of the trademark Office and applied for a review of the registration, and the State Intellectual Property Office held that the disputed trademark "Laoshan Peninsula" and the cited trademarks 1, 2, 3, 4, 5, 6, 7 had been constitutedTrademark ActSimilar trademarks referred to in Article 30 on the same or similar goods. Decision: The opposed trademark shall not be approved for registration on the goods under review. At this point, Qingdao Beer successfully opposed the "Laoshan Peninsula" trademark.
According to the official website of the Trademark Office, Tsingtao Beer Co., Ltd. has a total of 1966 trademark information, its core products "Tsingtao beer", "Laoshan beer" and so on have done the full category registration protection, and Laoshan similar names such as Luoshan, Luoshui, Lao Shui have also done the relevant defense layout, brand protection work is relatively comprehensive.
When enterprises encounter the phenomenon of "brand-name", they should promptly protect themselves through trademark objection and trademark invalidation procedures, so as to effectively maintain the uniqueness and stability of trademark brands. When encountering trademark infringement, it should also promptly defend its rights through judicial procedures, and do not give any opportunity to businesses with bad intentions.
Trademark as the first step of enterprise development is crucial, the steady development of an enterprise can not be separated from the overall layout of the trademark brand, only comprehensive and stable defense protection, in order to effectively prevent trademark infringement and "brand-name" "free riding" behavior. In addition, this case also tells us that there is a risk of brand-name, free-riding needs to be cautious, enterprises should update their own concepts, refuse to "trademark attachment", say goodbye to opportunism, intentions to do a good job of products, win consumer trust. (Source: Shi Rui, Trademark Circle)
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Trademark Act[Article 22] An applicant for trademark registration shall, in accordance with the prescribed list of classification of commodities, report the class of commodities and the name of the commodities in which the trademark is to be used, and file an application for registration.
An applicant for trademark registration may apply for the registration of the same trademark in respect of multiple classes of goods through one application.
An application for trademark registration and other relevant documents may be submitted in writing or by electronic message.
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