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International Brand HERMES Chinese Trademark Is Registered

2012/4/11 20:38:00 24

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Hermes HERMES Domestic Market Chinese Trademark Rush Registration

Following the dispute between apple and Shenzhen Proview's iPad trademark, NBA sports star Michael Jordan infringed on the right to name. After the prosecution of Jordan's sports, the trademark rights confirmation case continued.

This time the main event is the world famous luxury brand.

HERMES Hermes

The reason is that its Chinese trademark was registered by Dafeng Garments Co., Ltd., Shunde District, Foshan, Guangdong province (hereinafter referred to as "Dafeng garment") in 1995.

Hermes' Chinese trademark was snatch.

It is reported that Hermes registered its international English trademark "HERMES" in China in 1977, but it is surprising that the Chinese trademark of "Hermes" has not yet been registered.

Since then, the Chinese trademark has been

Dafeng garments

The rush is used for clothing products. When Hermes applied for the Chinese trademark, it was rejected by the Trademark Review and Adjudication Board of the SAIC.

After that, Hermes has brought the business jury to court. The court has upheld the rejection of the ruling by the Business Council.

"Such cases are not uncommon."

Cui Hongbo, senior partner of the consultancy consulting company, told reporters that "most international brands are also facing such problems. After entering the Chinese market, they only registered English trademarks, and Chinese trademarks did not enter their strategic level.

As the Chinese market grows stronger, the brand is in a very awkward position because of the lack of Chinese trademark rights.

At present, once entering the domestic clothing market, "HERMES" will face the challenge of "Hermes" trademark.

The "Hermes" Chinese trademark goes to other houses.

The Hermes international sued the business jury recently opened in the first intermediate people's Court of Beijing.

In the course of the trial, Hermes International said that in September 2, 1977, the "HERMES" brand and the El mays international from France registered the trademark "HERMES" in the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office).

The trademark and graphics were approved for use in the third category of cosmetic products of the international classification, and later approved for leather, leather, clothing and other commodities.

The evidence from Hermes international also shows that Hermes international has been in the world since 1977.

HERMESCUP

In the name of the Hermes cup, sponsor the Hongkong jockey club or "

Hermes

"And" HERMES "appeared in the name of" Ta Kung Pao "and other media.

Unfortunately, 30 years ago, Hermes international never applied for a Chinese trademark.

In 1995, the Dafeng garment was registered with the Trademark Office for "Hermes" trademark. Hermes international immediately raised an objection and filed an application with the business jury to cancel the trademark registration.

After the award of the Business Council, the registrations of "Hermes" are granted.

After that, Hermes international refused to accept the ruling and brought the business jury to court.

Hermes international has proposed that the rush for the "Hermes" is due to the plation and imitation of "HERMES/ Hermes", requesting the court to order it to make a new ruling.

And the three judges, Dafeng garment company, insisted that the ruling was clear, the law was correct and the procedure was legal.

The Beijing intermediate people's court finally decided that most of the evidence submitted by Hermes international was later than the "Hermes" trademark application registration date.

The relevant evidence is all reported in the media, and all of them are located in the Hongkong area of China. It is not enough to prove that the "Hermes" trademark which has not yet been registered in Hermes has been known to the relevant public in the mainland. The trademark does not constitute a well-known trademark registered.

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Some international brands are facing the same problem.

For the above judgment, Zhang Tao, executive director of Beijing pay law firm, gave the following explanation to reporters.

According to the thirteenth provision of the trademark law, the trademark that applies for registration of the same or similar commodities is a well-known trademark that duplicated, imitated or plated other registered trademarks which are not registered in China, which easily leads to confusion, and does not register and prohibit the use.

"In this case, the key is to see whether the" Hermes "brand has a certain degree of social popularity in the mainland of China before the application registration date of the" Hermes "trademark in 1995, and it has been known to the relevant public, that is, whether it is a" well-known "(trademark) brand.

The burden of proof in this case shall be borne by the Hermes international party. "

Zhang Tao pointed out that if Hermes international could prove that the brand had been known to the relevant public in the mainland before 1995,

Trademark law

According to the forty-first provision, the Trademark Review and Adjudication Board may withdraw the similar "Hermes" trademark in accordance with the request of Hermes international.

As in the case, the court of first instance found that the Hermes international failed to prove that the Hermes brand was a well-known brand in 1995, and the similar "Hermes" trademark could not be removed. This is why the international brand did not have to swallow the bitter pill because it failed to register the Chinese trademark in time.

If Hermes international appeals fail, the three words of Hermes are similar to the registered Hermes brand. Hermes will hardly be able to register a trademark in the mainland of China.

"This is not a rare case."

"Most of the international brands are facing the same problem," Cui Hongbo, senior partner of the consultancy consulting company, pointed out. "After entering the country in the beginning, they only registered their English trademarks, and Chinese trademarks did not enter their strategic level.

And when the layout of the Chinese market is growing, the brand is in a very awkward position because of the lack of Chinese trademark rights.

Cui Hongbo believes that because most international brands are sold around the world, in addition to the protection of English trademarks as strategic objectives, trademark registration should be paid enough attention to.

"Before, the major luxury brands were developed by agents in the Chinese market. In this process, it is easy to overlook the protection of Chinese trademarks."

Cui Hongbo added, "only trademark rights in the intangible assets of the brand are protected by law. Once the trademark right is lost, it means the loss of its intangible assets."

In this regard, insiders pointed out that in the face of more and more Chinese trademarks being registered, international brands could no longer hold back.

At the same time, in view of the lesson from the case of iPad trademark and the case of "Hermes" Chinese trademark, international brands will pay more attention to matters concerning the registration of trademarks, Chinese trademark applications and trademark pfer in the mainland, so as to provide protection for the development of their brands and enterprises.

Therefore, in the future, international brands will pay more attention to the registration and protection of trademarks for their own interests, and a battle for trademark will soon be staged in China.