Guangdong Two Footwear Enterprises Won The Lawsuit And Won The Well-Known Trademark In China.

In today's increasingly strong brand protection consciousness, many enterprises spare no efforts to win the national brand certification.

Recently, however, it has been learned that some Guangdong enterprises have found another shortcut beyond the conventional administrative application ascertainment: a trademark infringement lawsuit, and the court will be asked to identify it as a well-known trademark.

He learned from the Guangdong Leather Association that two brands of leather shoes of Guangdong shoes and Cardanro shoes were identified as "well-known trademarks in China" in June and July respectively by judicial means.

This is the 2 well-known trademark in Guangdong leather industry after BELLE, Wanlima and Caesar. It is also the first batch of brands that have obtained national certification through litigation.

According to the insiders, in the shoe making province of Zhejiang, the leather industry has more than 20 well-known trademarks in China, but only 7 are obtained through administrative means, and others have been brought down through lawsuits.

A lawsuit is "the intention of a drunk is not in wine"?

These are two similar civil judgments, which are respectively given by the intermediate people's Court of Yichun, Jiangxi, and the intermediate people's Court of Lhasa municipality, Tibet autonomous region.

The verdict is very similar: the registered trademark of Cardanro or "required heights" and "PITANCO map" held by the plaintiff is recognized as a well-known trademark in China, and is protected by well-known trademarks. The defendant Wang Mou and Tibet Jin Cang company in two cases are all judged to be trademark infringement.

Noting that another similarity of the two cases is that the plaintiff's claim amount is not high.

He asked the Tibet Jin Cang company to compensate the economic loss of RMB 50 thousand yuan, while the compensation made by Cardanro to defendant Wang Mou was only 10 thousand yuan.

This is obviously quite different from the sky high price claims that are constantly exposed.

"These enterprises are just a means of lawsuits, but the real purpose is to rush to the well-known trademark certification of the court."

He Xiaocha, Secretary General of Guangdong Leather Association, revealed.

People in the industry say that many enterprises spend a lot of money and manpower, and may not be able to apply for the administrative recognition of "China famous trademark" for a few years. But if the counterfeit goods appear on the market, they can apply to the court for the identification and protection of the well-known trademarks in China.

"A small amount of money spent on litigation can get the national brand certification, and it is completely legal in law.

For consumers, the result is the same.

The source said.

Is the "slit space" of double track system a fluke or an embarrassment?

It is understood that the emergence of this "strange" situation is closely related to the current dual track system in China.

According to the introduction, before July 2001, the State Administration for Industry and commerce was the only organ that recognized the well-known trademarks in China. With the entry of WTO, China began to move towards the dual track mode of administrative recognition and judicial recognition, and implemented the principle of "passive protection and case recognition".

"In fact, this is also in line with international practice."

Guangdong Leather Association, a person told.

However, compared with the time consuming and strict administrative approval method, many people in the industry say frankly, "it is much easier to win a well-known trademark by filing a lawsuit."

Liang Yuanguang, chairman of the high tech Footwear Company Limited, also confirmed this statement. He said the move was inspired by Zhejiang colleagues.

Wang Jianxin, director of Guangdong Leather Association, said that the leather industry in Zhejiang has more than 20 well-known trademarks in China, of which only 7 are obtained through administrative means, and the rest are obtained through litigation.

"But many of our Guangdong enterprises have not yet realized this."

According to the enquiry of the official website of the well-known trademark of China, there are 1035 well-known trademarks identified by the State Administration for Industry and Commerce Trademark Bureau and the Trademark Review and Adjudication Board, and 108 in Guangdong.

However, since 2001, the local people's courts at various levels have tried more than 200 well-known trademarks according to law.

"But the judicial recognition of a well-known trademark is only a fact of the case, rather than a grant to the trademark owner 1; honorary title 1;" insiders pointed out.

"Though the enterprises that are identified by the judiciary can play the mark of well-known trademarks on product packaging, the guiding function of consumers is the same, but the gold content of the two brands is different."

According to the introduction, for example, the court's recognition of well-known trademarks is too low, too many well-known trademarks are identified, and the recognition of well-known trademarks by the parties in the previous provinces through "false litigation" or "fictitious litigation" has all weakened the authority and credibility of well-known trademarks.

In view of the above reasons, Liang Yuanguang has been busy delivering a well-known trademark recognition material to the SAIC despite the fact that the "China famous trademark" has been printed on the card.

"At least, the title of China's well-known trademark can be obtained through administrative application, which can be rewarded by the provincial government, and the local government will also have other awards.

However, the well-known trademark does not have this treatment.

Liang Yuanguang said frankly.

This remark points out the subtle differences under the dual track accreditation system.