Study of well-known trademarks in trademark infringement and unfair competition disputes

Trial summary

• A well-known trademark shall be determined at the request of the parties as a fact that needs to be determined in handling a case involving a trademark. The following factors shall be taken into account in determining a well-known trademark: (I) the degree of awareness of the trademark by the relevant public; the duration of the use of the trademark (II); the duration, extent and geographical scope of any publicity work (III) the trademark; the record of protection (IV) the trademark as a well-known trademark; and other factors (V) the well-known nature of the trademark. In this case, it can be determined on the basis of the evidence in the case.Involved"Parisian" and "PARISBAGUETTE" trademarksIt has been very well-known in fast food services, especially in cake and dessert fast food services, and has reached a household name among the public related to cake and dessert fast food services,constitutes an unregistered well-known trademark.

2.Belle SweetCompanyObviouslyWith clinging to the use of Esbisi based."Paris Beitian" and "PARISBAGUETTE" unregistered well-known trademark goodwill intentional,The fact that it has infringed its trademark right.. Beijing Bari Bei sweet company highlights the use of website promotion"Paris Beitian" and the words "Paris Beitian" and "PARISBAGUETTE" are used in the public number to join in the investment promotion. It also clearly publicizes the exclusive production process of "Paris Bei Tian" selected top-quality ingredients. "Paris Bei Tian is a baking chain enterprise integrating food research and development, production, training and sales with the theme of enjoying commodities, fresh and delicious, nutrition and health at the price of ordinary people. It is also equipped with pictures of bread, cakes and cakes. The aforementioned publicity and investment promotion clearly highlight the use of "Paris Bei Tian" and "PARISBAGUETTE" in the service of "bread and cakes" fast food restaurants, which is enough to cause the relevant public to mistakenly believe that the "Paris Bei Tian" fast food service comes from Beijing Bari Bei Tian Company or is associated with Beijing Bari Bei Tian Company, which may lead to confusion and misunderstanding of the service providers by the relevant public.

3.according to the anti-unfair competition law,Business operators shall not commit other acts of confusion sufficient to cause people to mistake them for the goods of others or to have a specific connection with others. At the beginning of the establishment of Beijing Bari Bei Sweet Company, the unregistered trademark of Esbisi Company."Paris Beitian" and "PARISBAGUETTE" have been well-known in the "fast food restaurant" service and constitute well-known trademarks. Beijing Balibetian Company and Esbissie Company are registered in Chaoyang District, Beijing, and their investment and publicity industries are the same as those of Esbissie Company,As a co-local peer operator,The popularity of the trademark "Paris Bei Tian" should be known, but it has not fulfilled its obligation of reasonable avoidance. Its company name "Paris Bei Tian" is exactly the same as the unregistered trademark "Paris Bei Tian" of Esbisi Company, and its text composition is highly similar., Beijing Barry Bei Sweet Company also failed to provide a reasonable explanation for this, which is clear.The registration and use of the "Balibetian" name is hardly good faith. At the same time, Beijing Bari Bei Sweet Company and its actual controller, Jin Guangchun, also.Register a large numberThe highly similar trademark of "Paris Bei Tian" is sold, and it claims to provide services such as joining "Paris Bei Tian" fast food restaurants.. Unregistered trademark of Esbiter Corporation"Paris Beitian" has reached a well-known level in the "fast food restaurant" service, Jin Guangchun and Beijing Bari Beitian Company obviously have the subjective intention of relying on the reputation of other people's well-known trademark market, and it is enough to mislead the public.

Summary of Judgment Instruments

Case Summary

• What is a well-known trademark? How to identify? Evidence materials required for identification?

According to Article 2 of the Provisions on the Recognition and Protection of Well-known Trademarks: A well-known trademark isChinaknown to the relevant publicTrademark.

The method of identification is stipulated in Articles 3 and 4 of the Provisions on the Identification and Protection of Well-known Trademarks:Trademark Office,Trademark Review and Adjudication BoardAccording to the request of the parties and the need to review and handle the case, responsible fortrademark registrationreview,Trademark DispitesIn the process of handling and investigating trademark violation cases, the administrative department for industry and commerce shall identify and protect well-known trademarks, and uphold the principle of individual identification and passive protection.

Evidence required for its determination:

Materials (I) to prove the relevant public awareness of the trademark.

Materials (II) to prove the duration of use of the trademark, such as the history and scope of the trademark's use, registration. Where the trademark is an unregistered trademark, materials proving that its use lasts for not less than five years shall be provided. If the trademark is a registered trademark, materials proving that it has been registered for not less than three years or has been in continuous use for not less than five years shall be provided.

Materials (III) to prove the duration, extent and geographical scope of any publicity work on the trademark, such as the manner of advertising and promotional activities in the last three years, geographical scope, type of publicity media, andAdvertisementThe amount of materials such.

Materials (IV) prove that the trademark has been protected as a well-known trademark in China or other countries and regions.

Other evidential materials (V) to prove that the trademark is well-known, such as the sales revenue, market share, net profit, tax payment, sales area and other materials of the main goods using the trademark in the past three years.

• Protection of Registered and Unregistered Trademarks in Well-Known Trademarks

According to 《the People's Republic of China Trademark LawArticle 13 stipulates that a trademark applied for registration of the same or similar goods is a copy, imitation or translation of a well-known trademark not registered in China by others.If it is easy to cause confusion, it will not be registered and its use will be prohibited.

A trademark applied for registration of different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person.If it misleads the public so that the interests of the registrant of the well-known trademark may be harmed, it shall not be registered and its use shall be prohibited.

  The significance of well-known trademark recognition is to be able to provide stronger than general trademark protection. In accordance with the provisions of the second and third paragraphs of Article 13 of the Trademark Law,Unregistered well-known trademarksOthers are in.Same or similar goodsThe holder of a well-known trademark may request non-registration and prohibition of use if the registration and use of the trademark are likely to lead to confusion and misleading,This provides similar protection to registered trademarks for unregistered well-known trademarks.;Registered well-known trademarkOthers are in.Not on the same or similar goodsIf the registration and use of the well-known trademark misleads the public and the interests of the registrant of the well-known trademark may be harmed, the holder of the well-known trademark may request non-registration and prohibit the use.Registered well-known trademarks provide stronger protection than general registered trademarks..

In the case,Esbiter Corporationand register"Parisian" and "PARISBAGUETTE"trademark, but the company has long promoted and usedIn“Bakery”WaitFast food restaurant service on,Already has a high visibility,And in the trial provided a large number of evidence to prove its popularity, which was determined by the court. In reality, many companies are unable to provide evidence sufficient to support their popularity in cases of infringement or trademark objection and trademark review, which leads to the failure of well-known trademark identification. Therefore, in the day-to-day operation, the need to fix the use and publicity evidence, can be prepared for a rainy day.

Secondly, the fact of infringement, in the case of Beijing Bari Bei sweet company applied for registration."Balibetian", "BARISBAGUETTE" and other trademarks, with obvious imitation, plagiarism, clinging to the use of Esbisie's malicious. In actual use, Beijing Bari Bei Sweet Company is based onThe words "Parisian" and "PARISBAGUETTE"Propaganda and investment, it is more difficult to call goodwill. At the same time,Beijing Bari Bei Sweet Company also filed a malicious complaint against Esbisi Company, issued a warning letter, and even dragged it into the litigation dispute procedure, which shows that its subjective malice is obvious. In addition, Jin Guangchun, the legal person of Beijing Balibetian Company, has applied for registration on a number of commodities.Hundreds of different trademarks such as "Paris Beitian", "Zongjiafu", "Tumbler", "Zhengzitang", "Inas" and other trademarks similar to other people's trademarks seriously violate the relevant provisions of the Trademark Law. He was finally sentenced to pay 1.5 million yuan to Esbisi Company.

The protection of well-known trademarks is far greater than the protection of general trademarks, not only that, well-known trademarks bring benefits to enterprises is also much higher than general trademarks. It is of great significance for the development of enterprises to do a good job in trademark layout, strengthen trademark management and attach importance to trademark protection.