Dialysis The Risk Behind The Trademark Seesaw Battle Of Listed Shoe Companies

Apple Corp and Shenzhen Proview's iPad trademark dispute is still in the process of being seen. IPad trademark Jeremy Lin and Jordan fell into trademark disputes with relevant enterprises. In just half a month, three trademark dispute events came in to a large extent, and the smoke of trademark disputes inevitably permeated the whole country.

　 Risk 1:

The main trademark has not yet been registered.

Following apple, Jordan After a series of trademark incidents such as Jeremy Lin, some netizens find another way to think that they can rush through. list The company's trademark wins business opportunities. Believe it or not, this kind of wild way of making money is very much in the A shares at present. Relevant data show that at present, the awareness of trademarks of listed companies is still weak. There are nearly 1000 companies whose main trademarks have not yet been registered, or are registered by others in the main or non main business of listed companies. In addition, the main trademarks of some companies are still in the hands of controlling shareholders or other shareholders. Listed companies pay a lot of royalties every year, and even become shareholders' control over listed companies.

Although netizens' "wishful thinking" is a bit of a thing, it is easy to find out that this logic is actually based on reality, because the brand awareness of A share listed companies is not strong.

For many companies, the value of trademarks far exceeds that of tangible property. If a trademark is lost, the enterprise may lose the trust of consumers and lose the whole market, and such things are not without precedent in A shares. Take Yunnan city's predecessor as an example of Honghe Guangming. The main business of the company was beer production and sales. Its history can be traced back to the 80s of last century. However, due to various reasons, "Red River" beer has not registered "Red River" in beer and other main products. Lin Hui, a private entrepreneur in Shandong, bought the "Red River" trademark of an enterprise in Heilongjiang in 2000 and established the Honghe beverage preparation department. By virtue of the "Red River" trademark, the small business "trademark infringement" in two years in three years to pour down the bright red river, if not the Supreme People's court's change of sentence, Lin Hui almost created 10 million yuan of China's trademark infringement compensation highest record. Although the loss of the final judgment was only 20 thousand yuan, but the Red River's bright beer business has plummeted after several turns. Production and sales dropped from 10 tons to 17 thousand tons before the lawsuit, and beer business changed from 3000 yuan to 3000 yuan a year. As a result, the listed company was deeply hurt. In 2007, it stripped the beer business and renamed it Yunnan city investment. Its main business was changed from beer production and sales to real estate development. It can be said to be a trademark.

Risk two:

The trademark right is in the hands of shareholders.

In addition to the above problems, the principal trademarks used by many companies are actually not owned by themselves, but by controlling shareholders or other shareholders. Similarly, statistics from Southwest University of Political Science and Law show that the main trademarks of more than 200 listed companies in A shares are owned by their controlling shareholders, including many well-known domestic enterprises, and the listed companies can only spend a large amount of money on buying the trademark right to the parent company as the controlling shareholder annually.

It is worth noting that although controlling shareholders generally do not "make difficulties" in Listed Companies in terms of trademark right to use, many listed companies have been used for ransom in the framework of the typical holding company of A shares. The most typical shares, such as the Amoy electronics and waveguide shares, purchased the relevant trademarks from the parent company at 150 million yuan in cash, of which the trademarks before the waveguide shares were free of charge, and the Sichuan Changhong also passed the asset replacement to allow the Changhong group to transfer the Changhong trademark to the listed company at a price of 1 billion 378 million yuan.

For the current situation that A shares are currently controlled by controlling shareholders or other shareholders, insiders say it is best to solve the trademark crisis of listed companies thoroughly by means of trademark transfer. At least, a long-term or even no period of trademark licensing contract should be signed, so as to ensure that shareholders do not threaten the listed companies with trademark rights.