Wang Laoji'S Trademark War Will Be Upgraded To &Nbsp Again; The Right To Use At Home Or Abroad Will Break Up.
Yes.
Wang Lao Ji
The scramble for competition has escalated again.
In April 11th, we ran the "red cans, Wong Lo Kat" in the mainland.
JDB
The group issued a statement saying: "the state owned enterprises must respect intellectual property rights and strictly abide by the laws and regulations of the state". "GDB" strongly urges and urges the state owned enterprises to cherish the joint efforts of all parties for many years and do not destroy this cultural heritage treasure.
At present, the "Wang Lao Ji" used by the JDB group.
trademark
Authorized by Guangyao group.
But in March 2011, after the Guangyao group authorized the Guangdong Guangliang industry to run the "Wang Laoji" brand non herbal tea products, JDB became unable to sit still anymore.
However, in the view of Guangyao group, it is the real owner of the "Wang Lao Ji" trademark in the mainland of China, and its authorization for GDB is long overdue.
It is also based on this judgment that since November 2010, Guangyao group has begun to make a high-profile global investment. It said it will cooperate with global manufacturers in the field of "big health industry" to share the brand resources of Wong Lo Kat and expand the brand of "Wong Lo Kat" to many fields such as medicinal liquor, medicine makeup, health products, food and sports equipment.
Whose "Wang Laoji"?
Today, in the long struggle, there are still two big questions to be answered: who does Wang Lao Ji belong to?
When does the authorization of JDB group expire?
And the stakeholders involved are not only Guangyao group and JDB, but also Wang Lao Ji, a joint venture between Guangyao group and Tongxing pharmaceutical company in Hongkong, and the actual controller of Hongkong and hung Tong Group.
Two "Wong Lo Kat"
"6 years ago, Wang Laoji had only one step away from the grand unification of trademarks."
In April 10th, in an interview with our newspaper reporter, Wang Laoji's fifth generation successor, Hongkong Tongxing pharmaceutical chairman and Wang Laoji pharmaceutical chairman Wang Jianyi still have no regrets.
According to Wang Jianyi, Wang Laoji's herbal tea was founded in Qing Dynasty by eight years ago by its founder Wang Zebang, mainly in south of the Five Ridges, Guangdong.
After 1949, Wang Laoji was divided into two.
Wang's descendants in Hongkong operate Wang Lao Ji's Hongkong and overseas businesses, namely "Hongkong wanglao Ji international". In 1993, Wang Jian Yi served as the executive director of the company and held a 1/3 stake in the company.
The former Wang Lao Ji pharmaceutical factory in Guangzhou was nationalized, and later renamed "Yangcheng pharmaceutical", belonging to Guangyao group.
In 1995, Chen Hongdao, a Dongguan trade wholesaler in Guangdong and Hong Kong, contacted Wang Jianyi and got the recipe of the red canned Wong Lo Kat herbal tea. However, because Wang Jianyi only owns the trademark ownership of Hongkong and overseas, Chen Hung Dao, who wanted to run Wong Lo Kat herbal tea beverage in the mainland, turned to cooperate with Guangzhou Yangcheng pharmaceutical industry.
In 1997, Guangyao group reorganized its assets and established the Guangzhou Pharmaceutical (19.43,0.00,0.00%) Limited by Share Ltd to be listed in Hong Kong.
In this reorganization, Wang Lao Ji entered the Guangzhou pharmaceutical industry.
In February of the same year, Guangyao signed a contract for the licensing of Wong Lo Kat trademark with Hongkong Hung Dao group.
And after getting the right to use recipes and trademarks, Chen Hongdao began to invest in the red pot Wang Laoji tea business in the mainland with the platform of JDB group as the platform.
Since then, in November 2002, Guangyao group has also obtained the "overseas trademark right to use" for 10 years from Wang Jianyi, making the Wong Lo Kat product of Guangzhou Pharmaceutical Group hit the market both at home and abroad.
As a result, Guangyao group, Wang Laoji family and JDB have formally formed triangular business relationship between the three sides.
After 2004, the two "Wong Lo Kat" started the "unified management" efforts.
In March of that year, Yangcheng pharmaceutical was renamed "Wang Laoji pharmaceutical industry" to restore the brand name of the time honored brand, and to introduce Hongkong Tongxing pharmaceutical company as a strategic partner of Wang Laoji pharmaceutical industry by increasing capital and expanding shares.
It is said that Hung Dao group is the actual controller behind Tongxing pharmaceutical industry.
In February 1, 2005, the Sino foreign joint venture "Wang Lao Ji pharmaceutical" was formally established, Guangyao and Tongxing pharmaceutical holding 48.0465% of the shares and the largest shareholder.
Guangyao and Tongxing pharmaceutical also agreed to turn Wong Lo Kat trademark at home and abroad into Wang Lao Ji pharmaceutical industry to create a global national brand.
"Since I am the fifth generation of Wang Laoji's successor and the holder of Wang Laoji's registered trademark in more than 40 overseas countries, Tongxing pharmaceutical company has asked me to talk about this matter.
At that time, I made it clear that achieving the unification of Wang Laoji's brand at home and abroad and letting Wang Laoji's herbal tea go to the world is the long-standing wish of our family and all the Wang Laoji people. It is also my personal desire to achieve the most. I will participate actively in this matter.
At present, as Wang Laoji, chairman of Tongxing pharmaceutical and chairman of the pharmaceutical industry of Wang Jianyi, said, "moreover, Tongxing pharmaceutical industry has received written promises and government instructions from Guangyao group and pferred the Wang Laoji trademark from the mainland to the Wang Laoji joint venture. Therefore, achieving the grand unification of Wang Laoji's trademark at home and abroad is entirely possible."
But today, Wang Laoji's trademark ownership at home and abroad is still in the hands of the two big stocks in Wang Laoji pharmaceutical industry.
Not only has "unified" been stranded for nearly 6 years, but also the two major shareholders have openly turned their heads.
Unrealized "merger"
"Guangyao group and Tongxing pharmaceutical signed a letter of undertaking on" agreeing to pfer the trademark ownership of Wang Lao Ji to the joint venture ".
Guangyao group agreed to pfer the ownership of its "Wong Lo Kat" trademark to a joint venture. Meanwhile, Tongxing pharmaceutical also promised to do its best to assist Wang Lao Ji's descendant Wang Jianyi to pfer his more than 40 overseas trademark ownership to joint venture.
Wang Jianyi stressed to reporters that "this is the first condition for the two sides to establish a joint venture, and these materials are still preserved."
According to Wang Jianyi, after the establishment of the Wang Laoji joint venture, Wang Laoji's trademark was pferred to the joint venture.
In June 2005, Guangzhou Pharmaceutical Group and Tongxing pharmaceutical industry also set up a special "trademark pfer working group", and soon completed the mainland and overseas trademark price evaluation, reporting to the SASAC and the municipal government and other phased work by intermediaries.
According to the original plan, Guangyao group should pfer the trademark of Wong Lo Kat to the joint venture in July of that year. Meanwhile, Tongxing pharmaceutical company has also completed the assistance of Wang Lao Ji pharmaceutical's acquisition of overseas trademark ownership.
Even Guangyao group also signed a bet agreement with Tongxing pharmaceutical company to ensure the performance of the joint venture company, that is, the sales scale of the company should be doubled within two years after the cooperation.
From third years (2007) to seven years after the beginning of the year, it is necessary to maintain an annual growth rate of 30%.
If we fail to achieve the goal, the profit gap will be filled by Tongxing pharmaceutical.
"But unfortunately, six years later, the final work of trademark pfer has never been implemented."
Wang Jianyi will not be able to achieve "unification" attributed to Guangyao group, "Guang Yao has failed to fulfill its promise, and has yet to achieve the grand unification of the trademark of Wang Laoji."
But at that time, this did not become an obstacle to the rapid expansion of Wang Laoji's herbal tea.
In 2009, Wang Laoji's annual sales of single herbal tea climbed to 16 billion yuan, surpassing Coca-Cola's 15 billion yuan and becoming China's first beverage brand.
In this huge number, the "green box Wang Lao Ji" operated by Guangyao group accounted for only about 1000000000 yuan, and the rest were contributed by the GDB red tank Wang Lao Ji authorized by the Guangzhou Pharmaceutical Group.
Is it inevitable?
However, in November 2010, the "big health industry strategy" pushed by Guangyao group finally brought latent contradictions to the surface.
In March 2011, Guang food industry, which was authorized by Guangyao group, introduced two new products of Wang Laoji brand, namely "Guyuan gruel" and "lotus seed mung bean Shuang" health congee. The former also used red as the main tonal packaging, and the trademark "Wang Laoji" was yellow. It was quite similar to the outer packaging of the red pot and Wang Laoji tea produced by Gator Bao.
In April 11th, Tian Wei, a spokesman for JDB, said, "on the same day, JDB gave a complaint to the Trademark Bureau and the law enforcement department of the Chengdu Municipal Industry and Commerce Bureau for the reason of" infringement on the packaging and decoration rights of famous brands of Wang Laoji "and so on.
Yang AI Xing, deputy general manager of JDB group, has made it clear that "Guangyao group has authorized the use of Wong Lo Kat's trademark by Guangye group to violate the law on the principle of honesty and credit, mislead trademark licensees, and mislead consumers. Their actions are contrary to the commercial ethics and legal principles of honesty and credit."
However, the Guangzhou Pharmaceutical Group has said that its authorized trademark of the "Wong Lo Kat" brand has been expired in May 2010, and it has issued a lawyer's letter to GDB to reclaim its exclusive license.
In addition, GDB said it had not seen the lawyer's letter of Guang Yao.
In the case of Guangyao group's insisting on the authorization of JDB, it may lose its power to use Wong Lo Kat's trademark abroad.
Wang Jianyi said that after the expiration of the contract in 2012, it will not renew the "overseas trademark right to use" with the Guangzhou Pharmaceutical Group.
In her view, Wong Lo Kat's lack of the right to speak in the international market is far from the development goals of the global health industry.
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