"Nanjing Big Brand" quotes controversy: What is the essence of trademark rights?| Jiupai Time Review

【Source: Nine Pai News】

On July 11 and August 31, 2022, the Hefei Intermediate People's Court successively judged Nanjing Daisai Enterprise Development Co., Ltd., the owner of Nanjing Dajie Datram in two judgments to win the lawsuit. The court requires the defendant to change the name of the enterprise. It is not allowed to use the word "big -name file". At the same time, the economic loss and reasonable expenses of Daishui Company are 200,000 yuan and 300,000 yuan, and the corresponding litigation costs and premiums will be assigned.

The earliest trademark in China dates back to the "White Rabbit" trademark in the Northern Song Dynasty

According to media reports, nationwide, the industrial and commercial departments have registered more than 400 catering companies with the words "big -name", including the Cantonese area of ​​the "big -name file". The result of this case may affect whether these companies constitute trademark infringement and unfair competition.

The "big -name file" is the exclusive trademark of the Nanjing big name file, or it can be shared by the industry that can be shared by the industry, which is the key to this case. The plaintiff's Nanjing big -name file reports that the "big -name file" is not the universal name of the dictionary income, and the defendant believes that the "big -name file" belongs to the conventional universal name and is widely used by the public in the industry. In this regard, the court did not demonstrate whether the "big -name file" was a general name, nor was it confirmed or denied the above evidence and proof of the original or defendant. Obviously, whether the "big -name file" is a universal name, there is still a blurred zone in the judgment of this case.

In fact, such trademark rights disputes are not a case. In 2021, the merchants of dozens of snack bars in Henan said that the meat clips they sold were reported by Shaanxi's "Tongguan Meat Clear Association" because of the word "Tongguan" and asked for compensation for 30,000 to 50,000 yuan. Essence However, some comments pointed out that the defendant's merchant name did not use the trademark pattern of the "Tongguan Meat Clear Association", but only the word "Tongguan Meat Cycus" in the store name and product name, which was the same as the infringement of 100,000 miles. The trademark name and trademark are actually two concepts. Essence

With this reason, the name "big -name file" is used by many catering companies across the country. If they do not use the "Nanjing Big Brand File" trademark pattern, it is only the word "big -name file" in the name of the store or the name of the enterprise. Infringement to Nanjing big name file?

The trademark right is to ensure the intellectual property and brand effects of the enterprise, but the trademark rights cannot be abused, especially the tools for the monopoly as a brand resource. The reason why the "Tongguan Meat Clear Association" caused the public and the media to question is a universal name recognized as an industry agreed, or a long -circulating custom food that has been circulating for a long time. It can be abandoned and even affects the operation and survival of other companies.

In fact, there are also controversy on trademarks with place names. The "Trademark Law of the People's Republic of China" in 2019 stipulates that the place name of the administrative divisions at or above the county level or foreign place names known to the public shall not be used as a trademark. However, the place name has other meanings or as part of the collective trademark and proof of the components of trademarks; the registered trademarks that have been registered with the land name continue to be effective. This also means that in the future, place names such as "Lanzhou Beef Ramen", "Tongguan Meat Clear", and "Nanjing Big Brand" will no longer be allowed to register.

In fact, to achieve long -term development in the catering industry, related practitioners should hold a more open and tolerant attitude. For example, according to statistics, there are no less than 2,000 restaurants in the country named "Lanzhou Beef Ramen", and the "Lanzhou Beef Ramen" trademark ownership belongs to the Lanzhou Commercial Federation. However, the association clearly stated that the use of Lanzhou beef ramen trademarks does not charge any fees or trademark disputes. This is actually the way to open authorization through trademarks and encourage more catering merchants Market awareness and share, so that the brand has achieved longer -term development.

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