Luxury Brand BURBERRY Trademark Disputes Continue Lattice Trademark Revocation And Road To Fight Again

< p style= "text-align: center" > < img border= "0" align= "center" alt= "" src= "" /uploadimages/201312/03/20131203101637_sj.JPG "/" < > > "

< p > the General Administration of industry and Commerce recently cancelled the "a href=" http://sjfzxm.com/news/index_c.asp "Boboli /a" classic lattice graphics trademark, and international luxury goods and domestic private enterprises trademark war renewed.

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< p > < strong > Bo Bo Li really want to lose the classic lattice? < /strong > /p >

< p > Guide: British luxury brand Boboli in China encountered < a href= "http://sjfzxm.com/news/index_c.asp" > trademark dispute < /a >, its classical lattice logo was cancelled.

However, many a href= "http://sjfzxm.com/news/index_c.asp" > intellectual property rights < /a > experts say that according to the information disclosed, "grid graphics" is not likely to be revoked.

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< p > recently, the British luxury brand a (http://sjfzxm.com/news/index_c.asp href= > BURBERRY > /a) suffered a trademark dispute in China. Its classic lattice logo was revoked by the Trademark Bureau of the State Administration for Industry and Commerce on the grounds that "it has not been used in China for 3 years".

The application was made by a private leather company named lopda polo in Shenzhen, China, which has been in dispute with Boboli's intellectual property rights such as lattice pattern for 9 years.

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< p > Bo Bo Li really want to lose "a href=" http://sjfzxm.com/news/index_c.asp "classic lattice < /a"? Beijing Youth Daily reporter interviewed a number of experts in the intellectual property sector, the more concentrated opinion is that China's trademark rights ruling has four levels of review procedures, which is the first step. According to the information disclosed, the "grid graphics" is not likely to be revoked.

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< p > < strong > Event < /strong > < /p >.

< p > < strong > Lu Bi Da applied for the cancellation of the big trademark and was supported by < /strong > /p >

< p > the earliest disclosure of the information is Chinese private enterprise < a href= "http://sjfzxm.com/news/index_c.asp" > Lu Bi Da /a >, which held a press conference in Guangzhou, announced that it received the decision of the State Administration for Industry and Commerce Trademark Office in November 13th to "suspend the application of the registered trademark" G732879 "for three consecutive years.

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< p > Beiqing Bao reporter saw that this decision, issued by the State Administration for Industry and Commerce Trademark Office, was "withdrawing 20121035". In February 27, 2012, lopda submitted an application for revocation of G732879 (18 category) "graphic" registered trademark. After that, Boboli submitted relevant evidence of the trademark used in three years, but the State Administration for Industry and Commerce Trademark Office considered that its trademark use evidence was invalid and ruled that Lu Bi Da revoked the reasons for the G732879 (18 class) "graphic" registered trademark.

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"P >" since the announcement of the decision to withdraw the decision, Boboli has lost the "a href=" http://sjfzxm.com/news/index_c.asp "lattice graph < /a" trademark.

Lu Pada lawyer, Chen Zhaoyuan, lawyer of Beijing Ying Ke law firm, told an interview with Beiqing Bao that Bobo Li had a "lattice" graphic trademark but did not use it. He sued the mainland, Taiwan and Hongkong with his brand hegemony. He had not tried the case before he closed the stock on the basis of preservation evidence, and the agents who had made the way out of the market no longer took the goods, resulting in a loss of 500 million yuan, which would be claimed through court proceedings.

It is not yet decided whether to choose a lawsuit in Shanghai, Beijing or Hongkong.

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< p > < strong > tracing < /strong > < /p >.

< p > < strong > Lu Bi Da did not apply for cancellation of < /strong > < /p > on the grounds of "no significant".

Wang Wanjun, a spokesman for lvbda, believes that the abuse of brand hegemony by pnational corporations and the use of malicious competition and other malicious competition means to crack down on the brands of developing countries is their usual trick. The withdrawal of lattice graphics will prevent them from being sued and harassed by P.

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< p > Wang Wanjun thinks that the lattice is the geometric pattern of nature bestowed on mankind. Boboli's "lattice trademark" restricts the legitimate rights and interests of other enterprises.

As early as 1986, Loby Da Polo bought and used grid in Taiwan, and BURBERRY registered its trademark only in 2000.

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< p > starting from 1997, the POLO SANTA ROBERTA leather produced by the "a href=" http://sjfzxm.com/news/index_c.asp "lbda polo" /a "POLO" was sold to Taiwan, Hongkong and other places. The logo design was loved by consumers, and the sales volume reached 30 million yuan in the two months at the peak.

This caused the dissatisfaction of Boboli, also known for its grid elements.

In 2004, Boboli continued to sue in Taiwan, Hongkong and Mainland China on the grounds of trademark infringement.

In 2009, the court of Taiwan finally tried to defeat Boboli.

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< p > however, it is a little strange that there are two ways to cancel the trade mark. One is to apply for withdrawal from the Business Council, but the other is to apply for cancellation to the Trademark Office on the ground of "three years unused".

The legal basis and procedure of the two are different.

Lopda has repeatedly claimed that the Scotland trademark of Boboli is not specific and should not be registered as a trademark, but has not chosen to cancel the trademark on the grounds of "no significant".

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< p > < strong > response < /strong > < /p >.

< p > < strong > Boboli called a href= "http://sjfzxm.com/news/index_c.asp" > lattice figure < /a > mainly used for commodity decoration < /strong > /p >

< p > "this is a small CASE (condition). We received the letter in November 15th and submitted it to the Trademark Review and Adjudication Board for review on November 18, so that it will be able to get the trademark back."

"The decision to cancel the Trademark Office of the State Administration for Industry and commerce is not the effective judgment, but the company still has the right to retain the trademark of graphic logo," Ms. Chen, head of brand protection department of Boboli company, said in an interview with Beiqing Bao.

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< p > according to the Boboli staff, the review will not be appealed. A trademark will be revoked for at least two or three years. The trade mark is still valid, and the company has the right to prevent anyone from using it in the 18 category of goods such as bags and leather goods.

This grid graphic logo is used for decorating goods in Boboli, which is used to identify Boboli.

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< p > < strong > opinion < /strong > /p >

< p > < strong > Bo Bo Li loses "< a href=" http://sjfzxm.com/news/index_c.asp > lattice graph < /a > possibility is not much less /strong > /p >

< p > "carrying the lattice pattern of Boboli bag, it is easy to identify its brand, which has satisfied the definition of" trademark is used to identify the source of trademark ".

Zhao Tianying, consultant of Beijing intopo Intellectual Property Agency Limited, said, "why was it revoked for three years? Is boboley defective in submitting evidence, which can not be judged now.

Usually, the Trademark Office and other administrative organs pursue efficiency, some of which are "dogmatic" standards, and will not be considered again and again.

I believe Bo Boli is more likely to get support in court. "

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< p > > for Scotland, "lattice graphics" has been used for more than 1700 years. There is no specific problem. Wang Hao, general manager of Beijing Bai Shi Da Da Intellectual property company, who has been engaged in intellectual property work for many years, said that the core meaning of the trademark is to identify the source of the goods. There is no law that stipulates that the registered trademarks must exist in the form of registration marks, including plus and R.

The use of bopley's "lattice graphics" in packages should be able to constitute the use of trademarks.

The most famous example is Adidas's three line. Whether it is cuffs, necklines or trousers, the trademarks of the three lines can only be used by Adidas. Other sports clothes can only have two or four channels, and three channels must be used for infringement.

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Cheng Yongshun, director of the development center of "P > > Beijing a href=" http://sjfzxm.com/news/index_c.asp "> intellectual property rights < /a >, pointed out that the new trademark law, which came into effect in May 1st next year, will reflect the principle of" good faith "who supports it, so that goodwill, legitimate gains, malicious and unfair competition will not be supported, and the interests of consumers will be prevented.

To be sure, in the 15 working day for reconsideration, Boberg's lattice logo is still in force and protected by law.

This group of papers / reporter Li Lun Liang < /p >.

< p > < strong > News memory < /strong > /p >

< p > < strong > Bobo Li also holds two kinds of "lattice graphics" < /strong > < /p >.

< p > > a href= "http://sjfzxm.com/news/index_c.asp" > Graphic trademark < /a > (FIGURE MARK or DESIGN MARK) is a trademark consisting only of graphics.

It is a form of trademark. It refers to a sign that is made up of geometric figures or other patterns and used on goods or services.

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< p > Bobo Li has registered trademarks of "lattice graphics" in Category 3, 18 and 25 respectively.

In addition to the 18 category, the category 25 consists of coat, raincoat, blouse, jacket jacket, polo shirt, wide and short jacket, pullover, pajamas, knitted garments, shorts, trousers, underwear, shoes, hats, socks, sportswear, sports shoes and so on.

Category 3 includes non medicinal toilet preparations, perfume, cosmetics and soap for teeth and hair.

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< p > < strong > financial observation > /strong > /p >

< p > < strong > > "pick up the car" is not a long-term plan to make profit. < /strong > < /p >

There is a growing friction between the international luxury goods brand and the Chinese private small and medium-sized enterprises. There is a game of cat chasing rats evolved from simple fraud and counterfeiting. There are also international interest games in which all international intellectual property rights litigation is carried out to contain competitors. P

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< p > in fact, the "brand name" at the beginning of the business is not unique to China. It is actually a problem of globalization. There are many successful cases of "branded famous brand" after the original accumulation.

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< p > in recent years, China's "a href=" http://sjfzxm.com/news/index_c.asp "trademark dispute" /a "has been on the rise, some of which are left behind by the rush of registration in the registration, some of which are subject to the lawsuit of famous brand hitchhiking, and many others claim that the trademarks are malicious objections and revocation of unfair competition.

Because the existing trademark law is different from the laws of the United States and Europe, it is emphasized that protecting the rights and interests of the first registered persons, rather than the interests of the first users, makes some final judgments not entirely fair, and even malicious enterprises get the loopholes to make the well intentioned party suffer losses.

In May 1st next year, the new "a href=" http://sjfzxm.com/news/index_c.asp "trademark law < /a > will increase the sanctions provisions for enterprises and natural persons who are not good faith or act in good faith, so as to better reflect fair and upright legislative principles.

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< p > with the continuous improvement of the legal system in the market economy, by improving the bottom line of business ethics, taking advantage of profit and malicious competition is not a permanent solution, honest management is the right way.

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