True or false; Ronghe; Who is in charge of trademark infringement cases, Li Kui jy or Gui Li?

Trademark infringement incidents occur from time to time, because countless enterprises are involved in trademark lawsuits, which also reflects that more and more enterprises are aware of the importance of intellectual property rights. Ronghe Shaofang once had a trademark dispute with Maotai. A more dramatic scene is that in court, Shang Zhi, the chairman of Beijing Huijiu Liquor Company, an outsider, said that the defendant Guizhou Ronghe Shaofang Liquor Company had nothing to do with Ronghe Shaofang in fact. At that time, there were many mysteries in the court. Three professional liquor production and circulation enterprises, Kweichow Moutai, Ronghe Shaofang and Beijing Huijiu Liquor Industry, are intertwined and staged a "Rashomon" about Maotai.

This time, Maotai sued Ronghe Burning House because of the letter trademark "Maotai". They had a heated debate about whether Maotai was a trademark or a place name. Maotai Distillery believes that the trademark No.7260827 is legally owned by it, and the defendant highlighted "Maotai" on the packaging, so it should be considered that the defendant infringed its trademark right. However, the defendant believes that "Maotai Town" is a landmark name and a method of using place names, which means that the product is produced in Maotai Town, Guizhou Province. In Ronghe Burning House's view, although Maotai has registered its trademark, according to Article 49 of the Trademark Law, "Maotai", as a landmark name, has the attribute of public resources, and all Maotai Town wineries have the right to use it and should not be monopolized by one company. Therefore, the defendant has the right to use the place name properly according to law.

In this regard, Ronghe Burning House believes that the No.284526 trademark of Maotai Distillery has no specified color. "Our cover pattern is also different from Maotai. Theirs is black and white, while ours is color. Even if Maotai registered the color trademark, their registration time was later than ours. " The above-mentioned Ronghe Burning House told reporters, "We have highlighted the words' Ronghe Burning House' on the packaging boxes and bottles, which are obviously different from the products of Maotai Distillery and should not be considered as misleading to the public."

However, in court, the attorney of Maotai Distillery said that the plaintiff legally owned the exclusive right to use the trademark No.284526, and the defendant's trademark was enough to confuse the relevant public, and the defendant obviously used almost the same letters and patterns as the plaintiff, which constituted similarity on the same commodity, infringing the plaintiff's exclusive right to use the trademark.

On the one hand, Kweichow Moutai sued Ronghe Burning House for infringement, but it was accused that it was false that Maotai won the gold medal in Panama World Expo. On the other hand, a company named Maotai Town Ronghe Liquor Co., Ltd. was suddenly "killed" at the trial site, claiming that it was the inheritor of the authentic Ronghe brand.

At the trial site of Kweichow Moutai and Ronghe Burning House, there were two spectators with "special identities": they came from Beijing Huijiu Liquor Co., Ltd. and were the national distributors of Ronghe Liquor. According to the introduction of Ronghe liquor distributor, Ronghe Shaofang Company is only a company registered in Guiyang with the qualification of liquor sales, but it does not have the qualification and ability to produce Ronghe Shaofang liquor, and it does not have the qualification to represent Ronghe Shaofang brand rights protection.

"We are real enterprises in Maotai Town. We have registered trademarks of Ronghe Shaofang, and they are not even qualified to make wine." Shang Zhi, chairman of Beijing Huijiu Liquor Co., Ltd. said. Shang Zhi said that the defendant Guizhou Ronghe Burning House Co., Ltd. and Ronghe Burning House Co., Ltd., the registered trademark owner of Ronghe Burning House in renhuai city, Guizhou Province, are two completely independent legal persons and have nothing to do with each other.

"Guizhou Ronghe Burning House Co., Ltd. has no certification of these two trademarks, and there is no complimentary wine for Ronghe and Ronghe Burning House products. It's just a company qualified to sell drinks. We will crack down on counterfeiting next. " Shang Zhi said. Interestingly, the predecessor of Ronghe Liquor Co., Ltd. in Maotai Town, renhuai city, Guizhou Province is the former Fuqiang Distillery in Maotai Town, renhuai city, Guizhou Province, and it is the agent manufacturer of Ronghe Burning House.

It is understood that Ronghe Burning House Co., Ltd. did apply for a registered trademark with the words "Ronghe Burning House" in 2006. The registration number is 5 155066, but its remarks column says "This trademark is invalid". At the end of June 2007, 5438+0 1, some companies in Ronghe Liquor Industry of Maotai Town applied for the trademark of "Ronghe Burning House", which took effect on February 28, 2065, and the exclusive right period was 10.

Although the dispute between Maotai and Ronghe has not yet settled, I believe that the trademark dispute between Maotai and Ronghe is only the tip of the iceberg among many trademark disputes, and trademark infringement cases occur frequently. Bajie Intellectual Property Trademark Transfer Network would like to remind entrepreneurs and enterprises not to build a trademark behind closed doors, but to be cautious in trademark registration or consult relevant professionals. Zhejiang Bajie Intellectual Property Trademark Transfer Network, a regular trademark agency registered by the Trademark Office, has been specialized for 17 years, hoping to help you! You can call the 24-hour customer service hotline, or visit Zhejiang to choose your favorite trademark!