Luxury Brands Such As Gucci And "Big Face" Were Exposed.

< p > recently, the famous luxury brand in Italy < a href= "http://sjfzxm.com/news/index_s.asp" > Gucci < /a > was badly battered by the trademark problem.

It has recently been revealed that its "GG" logo in Britain will be revoked because it has not been used for five years after registration.

In addition to Gucci, < a href= "http://sjfzxm.com/news/index_s.asp" > Burberry < /a > Burberry, its trademark trellis logo has been revoked.

Now let's know the details with Xiaobian.

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< p > < strong > case 1: Gucci "double G" trademark was revoked in Britain < /strong > /p >

< p style= "text-align: center" > < strong > img border= "0" align= "center" alt= "src=" alt= "/" < < > >

< p style= "text-align: center > > strong > Gucci" double G "trademark was cancelled in Britain < /strong > /p >

< p > the a href= "http://sjfzxm.com/news/index_f.asp" > Gucci < /a > is busy putting out the abuse of the "GG" logo including a plagiarism, while the other side finds itself in the UK losing ownership of its own logo.

According to Internet information, the British Intellectual Property Office said that Gucci could still use the "GG" logo of three commodities including perfume and soap in the UK, but logo, which failed to provide information, would be recovered.

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< p > allegedly, British law stipulates that trademark registration has not been used in the field after five years of trademark registration, and the trademark can be revoked.

Gucci initially registered trademark ownership in four areas including handbags, T-Shirts, watches and cosmetics in 1984.

Because the information provided by the Gucci to the office of intellectual property office about the use of trademarks is too vague and unverifying, Gucci has lost the British trademark in the three fields of T-shirts, watches and cosmetics.

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< p > another media report said that IPO indicated that Gucci did not show enough qualification to use this sign between 2003 and 2012.

The trademark was registered by Gucci 20 years ago.

According to British law, trademarks can be revoked in the UK if they are not registered in 5 years.

Gucci responded in response to the sales data provided by those annual data, but did not explicitly deny that these are British headquarters.

IPO thinks these are too vague to prove their point of view, which means that the Italy brand no longer owns the brand.

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< p > IPO officials believe that GG pattern is effective and unique. < /p >

< p > this industry is rather puzzled by oolong.

For a luxury brand, the value and significance of the logo is very important. Once the law loses its protection, it will bring a lot of troubles to Gucci's brand value, market sales and even counterfeiting rights.

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< p > in fact, Matt Sammon, partner of Marks&Clerk law firm, also told the media that this case exposes some details and shortcomings.

"They have serious evidence flaws, and you will think they have much better evidence than that."

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< p > > a href= "http://sjfzxm.com/news/index_s.asp" > Gucci < /a > is obviously unwilling to accept the result.

Soon, things have made new progress.

Gucci, head of China's marketing department, said in a media interview that Gucci has clarified that the decision does not affect Gucci's rights to the "GG" logo in view of some misleading reports of a recent decision issued by the British Intellectual Property Office.

Gucci also has several other valid registrations for the logo, including an EU trademark on the iconic GG pattern, which can be directly executed in the UK.

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< p > he also revealed that another British IPO official confirmed that GG pattern was effective and unique in related categories a week ago.

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< p > < strong > case two: Gucci and Guess's "kindness and resentment" < /strong > /p >

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< center > < img border= "0" align= "center" alt= "" src= "/uploadimages/201311/26/2013112609164726232.jpg" / ".

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Gucci and Guess's "kindness and resentment" /center.

The dispute between < p > Gucci and Guess has existed for a long time.

The trademarks of Gucci and < a href= "http://sjfzxm.com/news/index_s.asp" > Guess < /a > are similar in many places. The only difference is that the diamonds in the middle of Guess are still "double G" letters, while Gucci is not.

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Less than p days ago, Gucci sued Guess for trademark infringement lawsuits in Nanjing.

The people's Court of Nanjing, China, pronounced that Gucci had won a lawsuit against the Gucci brand in the Guess trademark infringement case. The court agreed that Gucci would accuse the Guess brand of copying its design series and causing trademark infringement.

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< p > it is reported that China's lawsuit is the second winning case of Gucci filed a tort lawsuit against Guess and its Affiliated Companies.

In 2009, Gucci filed a complaint against Guess trademark infringement in New York, Milan, Paris and Nanjing.

In June last year, the federal court of Manhattan, the United States, awarded Gucci $4 million 660 thousand in compensation and became the first case in which Gucci filed a tort suit against Guess and its Affiliated Companies.

However, in May this year, the victory of the first battle did not continue in Gucci. Because of the different cognition and judgment of intellectual property cases in various countries, the Milan court ruled that Gucci had sued the Guess trademark infringement case.

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< p > media reported that Guess said in a statement that the Milan court's 83 page ruling rejected all claims made by the Florence company GuccioGucciSpA belonging to the Gucci brand. Meanwhile, the Milan court cancelled the registered trademark of the Gucci rhombus "G" letter LOGO and Flora, including 3 Italy registered trademarks and 4 EU registered trademarks.

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< p > "the result of this decision is different from that of the United States. There are two main reasons: first, the laws applied in two countries are not the same; secondly, different courts and different judicial personnel have different or even certain deviations in the definition and judgment of trademarks."

Senior legal personage Zhao Zhanling expresses this.

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Apart from Gucci's trademark problem, other brands are also troubled by P's luxury brand.

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< p > < strong > case three: < a href= "http://sjfzxm.com/news/index_s.asp" > Burberry lattice graph trademark < /a > was cancelled in China < /strong > /p >

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< center > < img border= "0" align= "center" alt= "" src= "/uploadimages/201311/26/2013112609164726232.jpg" / ".

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< a href= "http://sjfzxm.com/news/index_s.asp > > Burberry < /a > the trademark of" lattice picture and text "has been revoked in China < /center >

< p > pnational famous brand Burberry has always been known for its grid elements, but in the future, this grid element may no longer be unique to this luxury brand.

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< p > November 21, 2013, Lu Bi Da Polo held a news conference in Guangzhou and announced that it had successfully applied for the cancellation of the trademark of Burberry grid.

In addition, Burberry may face a huge claim of 500 million yuan.

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< p > the legal consultant of lbda Polo company introduced that the lbda Polo company found that the registered trademark of Burberry had not been used for at least three consecutive years. It applied for cancellation to the State Trademark Office and received the notice of cancellation in November 19th this year.

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< p > its introduction said that the trademark of the Burberry which was revoked was only in the field of bags and leather products.

This means that Burberry can not use grid pattern in trademark labeling, but it can be used in product design.

Other enterprises can use Scotland lattice elements in similar products design, and avoid being harassed by such trademark infringement litigation.

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< p > intellectual property expert Liu Yongpei pointed out that in fact, if Burberry only owns the trademark right of the lattice pattern, it can not tell the enterprises that use this kind of pattern element as the product pattern on the grounds of trademark infringement.

Unless BURBERRY owns the patent of the pattern, it can be requested that other enterprises should not use the pattern in product design.

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< p > < strong > case four: Zegna Zegna and ZSNOI Jay wins the trademark exclusive right litigation in China < /strong > /p >

< center > < img border= "0" align= "center" alt= "" src= "/uploadimages/201311/26/2013112609164673534.jpg" / ".

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< a href= "http://sjfzxm.com/news/index_s.asp" > /a > strong > a href= "http://sjfzxm.com/news/index_s.asp" > Zegna < /a > Zegna and ZSNOI Jay win the lawsuit of trademark exclusive right in China.

P, the world famous luxury Menswear Zegna (Zegna) Co., Ltd. recently issued 21 complaint notices through the Guangzhou intermediate court to prosecute the Guangzhou Fuyin Trading Co., Ltd. and the shopping malls sold all over the country, which infringed Zegna's registered trademark exclusive rights, and requested the court to order the defendants to stop trademark infringement. The amount of compensation is said to be as high as 100 million yuan.

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< p > > a href= "http://sjfzxm.com/news/index_s.asp" > Zegna < /a > (Zegna) is the world's most famous luxury men's wear brand in Italy, accounting for 30% of the world's men's clothing sales. Zegna ranks among the ten top fashion brands released by the World Luxury Association.

The a href= "http://sjfzxm.com/news/index_s.asp" > ZSNOI < /a > (Jie Sheng) Menswear, which is operated by Guangzhou Fuyin Trading Co., Ltd. is a new fashion men's wear brand established in 2010. It coincides with the weakness of the traditional international luxury brand sales in China. Jenson men's clothing has been conquers by the light luxury marketing strategy, and has occupied a place in the high-end men's wear market in just two years.

It can be seen that although the two brands differ greatly in brand pricing, sales channels, consumer groups and market size, Zegna has regarded Jay as a direct competitor.

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< p > < strong > professional interpretation < /strong > < /p >

< p > < < a > href= > http://sjfzxm.com/news/index_s.asp > > luxury goods > /a > litigation rights protection behavior. China luxury network has specially interviewed the domestic legal professionals to interpret it.

He said that foreign intellectual property laws have existed for a long time, and that China's modern laws are much more profound and detailed. Therefore, the awareness and practice of foreign enterprises in intellectual property rights should be professional and in-depth.

Moreover, intellectual property laws and protective measures are different in each country and region, so there will be different judgments in different places.

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< p > but generally speaking, intellectual property laws in all countries are the right to protect producers and first creators.

However, if we define the infringement, we should consider whether the appearance of industrial design and the appearance of the trademark are causing confusion to consumers, resulting in misidentification.

We should also consider whether the infringed brands and commodities have a certain reputation, and whether the infringing products will have an impact on the brand (such as degrading reputation and affecting the operation of the infringed enterprise).

Otherwise, whether or not the infringing brand is registered in the local industry and commerce, it can be brought to court as long as the proof can prove that the infringer is using the reputation and the brand effect of the infringed party to gain interest or the interests of the infringed party.

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