The "Sheep'S Head" Case Was Held At &Nbsp; &Nbsp; Heng Yuan Xiang Was Accused Of Providing False Evidence.

Yesterday (December 7th), attracted much attention.

According to the reporter, in the trial, Heng Yuan Xiang submitted a total of 5 sets of evidence.

According to Li manager, who is responsible for the lawsuit, there are two main points in this trial. First, Heng Yuan Xiang used Yu Wenqing's trademark first and began to use it as early as 1998. Second, there was a fact that the plaintiff had a malicious trademark.

Liu Ming, the plaintiff's attorney, believes that Heng Yuan Xiang does not have the prior right to use sheep's head, nor can it prove that it has certain influence because of its use.

In addition, the plaintiffs also questioned the two evidence submitted by Heng Yuan Xiang that he had prior rights in sheep's head.

In response to this challenge, Li told reporters that Heng Yuan Xiang used the data of the third party, and at the same time, there was no "sheep" trademark in the certificate used, because the 3 characters of Heng Yuan Xiang were originally integrated with Heng Yuan Xiang.

Although Heng Yuan Xiang advocates prior rights, trademark law does not advocate the right to use first, but the right to register.

Jiang Fengtao, a partnership lawyer of Dacheng Law Firm, told the daily economic news.

It is understood that in 2001, Wen Qing applied for the "sheep" graphic trademark to the State Administration for Industry and Commerce Trademark Office, and successfully registered in 2003 in twenty-fifth categories, including knitted garments, shoes, hats and so on.

The trademark network of the State Administration for Industry and Commerce has shown that the trademarks of "sheep, sheep and sheep" and "sheep" have been registered on twenty-fifth categories of commodities.

Prior to January 4, 2010, Heng Yuan Xiang said that the incident was caused by Wen Qing's malicious registration, and Heng Yuan Xiang would counterclaim the other party's copyright infringement, and filed a trademark objection to the SAIC.

However, later, Heng Yuan Xiang filed a withdrawal.

According to Li, the reason for finding a better solution than the judicial procedure is to challenge the trademark ownership of Wen Qing through the Trademark Review and Adjudication Board.

It is understood that the relevant departments are currently dealing with them.

However, Heng Yuan Xiang can produce evidence to prove that Yu Wenqing's malicious rush is the key to solving the problem.

In the trial, Heng Yuan Xiang's evidence concerning trademark registration No. 3009243rd, commodity information inquiry, work registration certificate, and the 2002 special edition of Heng Yuan Xiang chartered alliance were also pointed out by the other party, which was not related to the case.

According to Liu Ming, Heng Yuan Xiang's "sheep's head" case has been heard, and the first trial result will be announced around December 20th. At present, Wen Qing has raised a compensation amount of 1 million yuan for Heng Yuan Xiang, and whether the court will support this demand is unknown.