Controlled again and again, use the gas stove to touch the porcelain washing machine and the refrigerator: the "cherry blossoms" at the bottom of the Kunshan

"Sakura" trademark rights belong to the context of contention

On June 17, 2022, the News Network of the China Market Supervision Bureau published an article "Cherry Blossom" trademark right written by reporter Liu Yong. The meaning of the article is:

Since 2005, the cherry blossom kitchen (China) Co., Ltd. headquartered in Kunshan has approved the "cherry blossom" registered trademark using the Wuhan Sakura Times White Home Appliances Co., Ltd. In the first place registered, the "cherry blossoms" trademark of the first registered "cherry blossom" trademark was similar to the trademark bureau of the former State Administration for Industry and Commerce. The trademark right is a legal procedure for the dispute, involving the former State Administration for Industry and Commerce, the former State Administration of Industry and Commerce Trademark Review Committee, Beijing First Intermediate Court, Beijing High Court, Wuhan Intermediate Court, Hubei Provincial High Court, and the results of administrative rulings A wave of twists and turns. Until 2020, Wuhan cherry blossoms won the lawsuit.

After a period of silence, Kunshan cherry blossom once again aimed at Wuhan Sakura's cherry blossoms on the grounds of "well -known trademarks and cross -category protection". Effective declaration.

So far, this "cherry blossom" trademark right has been in the context of 17 years, and the offensive and defensive competition between the complaint and the opponent is still continuing.

The article said: Experts point out that the meaning of "cross -category protection" is "cross -category -like product protection", not "cross -product category protection". What is the prospect of the "cherry blossom" trademark right? We wait and see.

Kunshan "Sakura" is so "well -known"

Click on the official website of the Kunshan "Sakura" company.

"Sakura, born in Taiwan, China in 1978, entered Kunshan, China in 1994, and established cherry blossom kitchen (China) Co., Ltd.. , Steaming ovens, gas water heaters, electric water heaters, wall -mounted stoves, sinks, overall kitchen and wardrobe and other series of products. "

According to the reason, the "cherry blossoms" company, which has been cultivated in mainland China for nearly 30 years, should be quality and flaws.

But unfortunately, the negative information on the Internet is very spicy--

70 % of the latest sampling inspection of household gas stoves is unqualified, involving Kunshan Sakura (2021-5-13 Zhihu)

Sakura kitchen re -exposure product quality problem (2022-1-14 China Quality News Network)

The quality of cherry blossom smoke, requiring returns to return (2012-12-29 Sina.com)

Sakura pump hood quality problems are not dealt with (2012-12-27 Sina.com)

Gas water heater quality spot checks, cherry blossoms and other products on the black list, leak -off and CO exceeding standards (2022-1-14 NetEase)

Sakura water heater quality is very poor after sale and slow garbage (2022-1-26 Sina.com)

Do not buy cherry water heaters, the quality is super poor, no one has been repaired (2020-9-28 Baidu knows)

Kunshan cherry blossom after -sales service is too bad (2014-9-15 Daya Community)

Quality Miles 315 exposure: XX cherry blossom XX home appliance complaints (2017-3-15 Baidu)

These coffee machines and electric ovens are not qualified, Panasonic, Sakura, XXX (2021-6-29 Southern Metropolis Daily)

The recent even more shocking news said: Sakura Kitchen Kitchen was prosecuted for his right to life. The trial time was June 20, 2022, and the case number was (2022) Hubei 0504 Minchu No. 367 (2022-6-20 Hua News)

If you search for cherry blossom kitchen (China) Co., Ltd. through "Sky Eye Inspection", it shows that the company's "own risk" is as high as 9937

(For details, see the screenshot of the webpage)

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In today's Internet era, all companies' behavior is under the monitoring of "Sky Eyes".

Kunshan's "Cherry Blossoms" declared on the company's official website that "always meets consumer rights and interests", but in fact, it is so unbearable in the product quality, which shows that its so -called "well -known trademark" is unrealistic.

From this point of view, this "cherry blossom" transplanted from Taiwan to Kunshan is not so beautiful.

Well -known trademarks cannot be willful

From the perspective of the implementation of the Trademark Law, there are two key points in the scope of protection of well -known trademarks: First, it is limited according to the degree of "easily lead to confusion" and "misleading the public". The second is to protect the related products in non -similar products, and it is not protected.

In the 17 -year -old "cherry blossom" trademark right, Kunshan's "Sakura" first used the designated registered trademark of the 11 category of the product gas stove and the water heater to sue Wuhan "Sakura" designated use of the 7th category of the product washing machine. Approximately infringe on its interests. After being sentenced to losing the case, the banner of "Famous Trademark" was told to sue the approximate of the "Sakura" designated refrigerators and refrigeration series 11 registered trademarks in Wuhan.

As far as this case is concerned, don't say that Wuhan's "Sakura" refrigerator and refrigeration series of products and Kunshan "Sakura" gas stove and water heater products have different commodity attributes. With Wuhan's "Sakura" refrigerator and refrigeration series of products, it has sold objective facts for more than 20 years in the domestic market, and will also be limited by the protection of the "well -known trademark". Because the trademark "in principle first" refers to the registration or use first, and the two equal equity. In fact, the unregistered trademarks that have been used for more than 5 years in a row, and judicial cases that have been judged in the trademark claim are common. The so -called well -known trademark "well -known trademark refers to the high reputation among the public public in the designated commodity, not well -known among consumers of cross -class commodities. The famous "cherry blossoms" in Kunshan are limited to the market scope of gas stoves and water heater products, and does not mean that it is also well -known in the market of washing machines and refrigerators. Because for decades, Kunshan's "cherry blossoms" have never been involved in the field of white home appliance manufacturing in washing machines and refrigerators.

Moreover, the identification of well -known trademarks is not once and forth, and the popularity of the trademark will change with the changes in the objective situation. Therefore, if you want to maintain the effectiveness of well -known trademarks, enterprises must continuously improve the quality of goods or services, continuously develop the market, attach importance to corporate brand image,

However, as far as the quality of consumer complaints in Kunshan's "cherry blossoms" products has been constantly in recent years, its "well -known trademark" gold signboard should be announced by the national trademark management department.

It is recommended that Kunshan "cherry blossoms" enterprises should work hard on their own gas stoves, water heaters, electric ovens and other products.

In the trademark industry, the trademark complaints are generally compared to the phenomenon of "touching porcelain" in society. Repeated defeats, endless, can only hurt others. And the beauty and beauty, the beauty of the United States and the United States can benefit the society with each other.

It is hoped that this article can cause more people to pay attention and think of the "cherry blossom" trademark right.

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