"Xinghuacun" Trademark Dispute Again Resuspension

　　沉寂三個多月后，“杏花村”商標(biāo)糾紛又有了新動作。此次，山西杏花村汾酒集團狀告的不是遠在千里之外的安徽池州，而是國家工商管理總局商標(biāo)評審委員會。

On the eve of new year's day in 2010, the State Administration for Industry and Commerce sent a ruling on Approving the objection of "Xinghuacun and map" to Chizhou, dividing Xinghuacun into two parts, "wine" in Shanxi and "playing" in Anhui.

In March 18th, Fenjiu, Xinghuacun, Shanxi, confirmed the lawsuit and brought the Trademark Review and Adjudication Board of the State Administration for Industry and commerce to the court.

In this regard, Shanxi Fen Liquor is confident. "Since we have brought a lawsuit, we are 100% confident that this lawsuit will win."

In March 28th, Xinghuacun Fenjiu Group law firm responsible for this matter told the Shanxi Youth Daily reporter.

Suing the jury

A petition in Shanxi has made the case of "Xinghuacun" trademark competition, which has become more and more calm again.

In fact, since 2001, the Shanxi Xinghuacun Fenjiu factory Limited by Share Ltd and Chizhou Anhui Xinghuacun Cultural Tourism Development Co., Ltd. have disputes over the right to use and belong to the Xinghuacun brand, which has also attracted the attention of all sectors of society.

In March 18th, Shanxi Xinghuacun Fenjiu Group filed a lawsuit and sued the Trademark Review and Adjudication Board of the State Administration for Industry and commerce, and Xinghuacun Tourism Culture Development Co., Ltd. of Anhui province will take action in the third party's status.

According to the Xinghuacun Fenjiu people involved in the matter, at present, sufficient written materials have been prepared to report to relevant departments.

As early as 1997, the trademark of "Xinghuacun" Fenjiu was recognized as the first "China famous trademark" by the State Administration of industry and commerce. In the case of Fenjiu in respect of trademark, it seems that since it is a well-known trademark, it should enjoy relevant protection, including registered tourism trademarks, rather than "one divides into two".

In addition, once the "Xinghuacun" tourism trademark is successfully registered in Chizhou, it will have a great impact on the development strategy of "wine culture tourism base" proposed by Shanxi Fen Liquor.

The lawyer also put forward the above queries to the deliberative departments constituted by the Trademark Office and the court.

Once again, this lawsuit has been regarded as "last resort" by Xinghuacun Fenjiu, but Fenjiu is optimistic about the success of the appeal.

For confidential reasons, lawyers in Fenjiu did not respond more to specific matters.

8 years of contention

Looking at this trademark war that has lasted for eight years, it is easy to see that Shanxi has been in a passive position from the very beginning, and the two objection has been rejected.

After examination, the date of application of the "Xinghuacun" tourism service trademark of Xinghuacun Fenjiu factory in Shanxi is later than that of Anhui, and the registered liquor service is not similar to the tourism service type designated by the disputed trademark, so it can not constitute the right obstacle to the registration of objection trademark.

On the eve of new year's day in 2010, the State Administration for Industry and Commerce approved the registration of "Xinghuacun" tourism service trademarks in Anhui.

It is obviously not acceptable for the Shanxi enterprises with "Xinghuacun" trademark for many years to develop tourism services.

After more than three months of silence, the lawsuit seems to be something sooner or later.

Fen Liquor is "determined to win".

The news of Shanxi's lawsuit again aroused the attention of the Chizhou municipal government of Anhui. On the evening of March 21st, relevant departments of Chizhou held an urgent coordination meeting.

The person in charge of the coordination meeting said: "as far as possible," Xinghuacun "from Chizhou's evidence.

In an interview with reporters, the Shanxi Xinghuacun Fenjiu lawyer has repeatedly mentioned the confidence in winning the lawsuit.

"Chizhou is trying to promote itself through trademark, even if it loses."

In an interview with the Shanxi Youth Daily, Li Fei, President of the Shanxi Lawyers Association, said that Xinghuacun Fenjiu should stand at the height of the Chinese cultural heritage and hope that the company could set up a professional team to solve the trademark problem.

On the other hand, a lawyer who did not want to be named said, "during the process of deliberation for several years, it is easy to see the attitude of the higher authorities. If we can tilt the" famous trademark ", the trademark will return to Shanxi, otherwise there will be no hope.

Compared with Chizhou's attention from official to media and then to the masses, Shanxi has always been exceptionally "low-key".

This unusual low profile seems to have cast a shadow over the successful appeal in the above lawyers who do not want to be named.

"In this age of momentum, the low profile of Fen Liquor in Xinghuacun is not desirable."