In the past and present life of the old -fashioned name, two bowls of hot noodles, who moved whose "Cai"?

When it comes to the city of Wuhan, a bowl of hot and hot noodles should be the most popular representative. During the fight against the epidemic, a comics that refueling the hot noodles of Wuhan all over the country were all over the entire network for a while. "Cai Linji", as a brand of hot noodles in Wuhan, is also well known by consumers.

No! There is a restaurant called "Cai Lin's founder" often opened next to "Cai Lin Ji". As a result, the two are constantly in disputes. What has actually happened?

Recently, the judge of the Beijing Intellectual Property Court, Wu Yao, was invited to be the section of the "Intellectual Property Rights · Youth Story" of the China Court of the Court of China to take you around the veil of the old -name intellectual property protection around the administrative case of the old -fashioned trademark authorization.

Introduction to the case

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"Cai Lin Ji" is an old noodle noodle restaurant with hot dry noodles. Later, Cai Linji Thermal Noodle Restaurant was restructured to Wuhan Cai Linji Trading Co., Ltd., and the "Cai Lin Ji" trademark was transferred together. The "Cai Linji" trademark has no actual connection with the Cai Mingwei family.

In recent years, Cai Linji Company has continuously innovated thermal production skills in combination with the taste of modern people. In 2011, the "Cai Lin Ji Hot Noodle Production Skills", which he declared, was also selected as the "Hubei Insistant Cultural Heritage List" and won the title of "Wuhan Old" in the same year.

In 2013, Mr. Cai Mingwei's son, Mr. Cai Hanwen participated in the establishment of Hubei Dingjin Yao Catering Company with formula and technology. Since 2013, Ding Jinyao has begun to use a large number of trademarks such as "Cai Mingwei Lao Cai Lin Ji and Maps", "Cai Mingwei Cai Lin Ji" and other series of trademarks. The specialty catering services such as noodles also use the word "Cai Lin Ji" on the posters and tableware in their stores and tableware, and even open the store next to the hot dry noodles of "Cai Lin Ji".

Cai Linji believes that for consumers, especially foreign tourists, Ding Jinyao's behavior has caused confusion and misunderstanding, which not only affects the normal operation of "Cai Linji" stores, but also damages the business accumulated by "Cai Linji" for many years. reputation. Subsequently, Cai Linji made a request for invalid announcement to the National Intellectual Property Office for a series of trademarks of Ding Jinyao.

The State Intellectual Property Office reviewed the request of Cai Linji, and announced that it was invalid to the relevant trademarks of Ding Jinyao. Ding Jinyao Catering Company did not accept it and filed an administrative lawsuit to the Beijing Intellectual Property Court in accordance with the law.

During the trial, Ding Jinyao advocated that the registered trademark was composed of Mr. Cai Mingwei's head and "Cai Lin's founder". Among them, the words "Cai Linji" were only used to modify the "founder", mainly to show Cai Mingwei Mr. Cai Mingwei is the founder of Cai Linji. This is an indisputable fact, so the registered trademark will not cause the public to misunderstand.

The State Intellectual Property Office and third party Cai Linji Company believes that the dedicated trademark fully includes the "Cai Lin Ji" trademark with a certain reputation of Cai Linji's registered company first, and highlights the words "Cai Lin Ji founder". In the case of similar goods or services, consumers will inevitably make consumers mistakenly believe that there is a specific relationship between "Cai Lin's founder" and "Cai Linji", which will cause confusion.

Cai Linji further advocated that the inheritance of blood and technical inheritance is different. According to public information, Mr. Cai Hanwen's identity is a sculptor, which is difficult to prove that his father Cai Mingwei's skills have been inherited. And Cai Linji is not only the owner of the old brand of "Cai Linji", but also obtained the technique of hot dry noodles. It is a legitimate right holder, and "Cai Linji" has no actual connection with the Cai Mingwei family. Judge interpretation

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The text part of the claiming trademark in this case fully includes the text of the "Cai Lin Ji" trademark, and from the meaning of the "Cai Lin Ji founder", it is also easy to be understood as the initial founder of "Cai Lin Ji".

The evidence of the case can prove that after continuous use of the "Cai Lin Ji" trademark registered first, it has a high reputation in hot dry noodle goods and catering services. In the end, it is easy to make the relevant public confuse the source of goods or services.

As the son of Cai Mingwei proposed by Ding Jinyao Company, as the son of Cai Mingwei, he has the right to use the claims of the trademark and lacks legal basis.

In summary, the Beijing Intellectual Property Court decided that the plaintiff Ding Jinyao's claim was rejected.

At present, the judgment of this case has come into effect, and the trademark disputes of the two "Cai Lin Ji" hot -dry noodle restaurants have come to an end.

Judge Tips

my country has many old -fashioned golden signs. With the gradual enhancement of the awareness of the brand protection of the old -fashioned company, as in this case, there are more and more intellectual property disputes involving the old -fashioned name. According to statistics, the Beijing Intellectual Property Court has been established for more than seven years, and has concluded nearly 500 cases of intellectual property cases involving the old names involved in the old names such as "Inner United Shengsheng", "Daoxiang Village", "Yunnan Baiyao" and "Rongbaozhai". The proportion of rights administration accounts for about 80 %.

The old name is an important commercial resources and precious cultural heritage in my country. The old -fashioned disputes often have a complex historical background. There are internal disputes between the old family members, as well as the disputes between the old family members and the follow -up operators of the old -fashioned names such as "Cai Lin Ji". Therefore, to clarify the subject of rights and clarify the boundaries of rights, can we get rid of the old name and rejuvenate the vitality.

In addition, this case also analyzes the relationship between the rights conflict of the trademark and the corporate brand goodwill. When the trademark administrative organs and the people's courts are registered with the registered trademark involved in conflict of rights, the popularity of the first trademark is an important consideration for judging whether the trademark can register. Therefore, for an enterprise, the reputation of the brand and consumer reputation are crucial, and it is necessary to rely on the company's own smart labor to exchange.

While we have determined the scores, we must strictly follow the laws and regulations, and respect historical factors, and provide comprehensive protection of the legitimate interests of the old name. Although the law and policies are always lagging behind, we can only give guidance to the basic protection of the old -fashioned brand within the existing legal system. However, the fundamental motivation to make the old name is strong and stronger is still the market atmosphere of the operator's smart labor and harmony and integrity. And such a market atmosphere requires you and me to shape together!

Respect knowledge, protect innovation, and let us work together for a better future!

Video source: China Court Network

Supply: Beijing Intellectual Property Court

Edit: Li Meng Yao Rihui

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