New Hundred Lun "Trademark Exclusive Right Disputes Continue

"A trademark 98 million? Acquired."

Some netizens are fighting against NewBalance.

However, a sports Brand Company in Guangdong registered the brand of "new hundred Lun" as early as 2004, and NewBalance was still silent in China at that time.

However, New Balance was founded in 1906 in Boston, USA. It is a centennial brand and is recognized as one of the world's four "running shoes".

Coincidentally, at the beginning of May, the Beijing Higher People's court made a judgment on 32 of the 78 "Jordan sports" trademark disputes, and maintained the first instance judgment. It rejected the appeal request of the US NBA superstar and the "flying man" Michael Jordan to cancel the Jordan sports dispute trademark registration.

A series of cases show that China is doing more and more in protecting intellectual property rights, protecting trademark rights and punishing trademark infringement.

However, whether it is a big foreign company to bully people or a domestic small business to take advantage of the trade mark? But despite the court's decision, the impact of the new trademark on the public is continuing to ferment.

New Balance, which has been copied by Shanzhai brand, has become a tort party.

According to the legal ruling, New Balance will bid farewell to the "new brun" brand in the mainland of China.

Reporters on their official website, Tmall flagship store and Jingdong flagship store found that the stores had no Chinese names.

Li Zhenhong, a lawyer at Dacheng Law Firm in Shanghai, explained that "the protection of trademarks in Chinese law is based on the registration system, namely, who registers first and who enjoys the right to own the trademark.

But in the United States, the law protects the protection of trademarks by using the system, that is, who uses the trademark first and who owns the trademark.

It is common for domestic brands to seize foreign brands in China. However, the plaintiff Zhou Lelun's application for "new brun" trademark is not a rush registration.

This reporter inquired about "new hundred Lun" on the "China Trademark network". In the 4 applications with the same name, only the registered trademark of Zhou Lelun, C of block 7, floor 7 of the Riverside Garden, Pearl River New Town, Guangzhou, Guangdong, was in an effective state in June 4, 2004.

Although the trademark has been revoked for three years, the request for trademark invalidation has not been used, but the request has not been approved, so the trademark is still valid.

Zhou Lelun is the exclusive right holder of the registered trademark of "Bai Lun" and "Xin Bai Lun" at present.

These two registered trademarks are approved for use in the twenty-fifth categories of "clothing, shoes, caps, socks" and other commodities, and undoubtedly compete with the NewBalance counterparts.

At the same time, Zhou Lelun set up an enterprise to produce men's shoes products with "balun" and "new balun" as trademarks, and sales counters in large shopping malls.

The "new hundred Lun" trademark submitted by the new balance shoes company, 20 Grignard street, Boston, Massachusetts, in September 15, 2006, is invalid.

In December 2007, the company had asked the Trademark Office to dismiss Zhou Lelun's application for the registration of the "new hundred Lun" trademark. The trademark was copied and imitated by New Balance, but in July 2011, the SAIC ruled that the reason for the company's objection was not valid. Zhou Lun's "new hundred Lun" trademark was approved and registered.

In 2006, the new hundred Lun company was established, mainly responsible for selling New Balance sports shoes series products in China, and soon occupied a considerable share of the running shoes market.

In the process, in order to adapt to the Chinese market culture, the company chose to use the Chinese name of "new hundred Lun" for publicity and marketing, and use the "new NewBalance" logo in its promotional products.

Zhou Lelun said that in the sales process, the new hundred Lun company used the "new hundred Lun" as the trademark logo, and also marked the product with the "new New Balance" in the shop. The logo "thank you for buying the new product" was issued in the shopping ticket issued by the store, which led to a large number of consumers and operators mistaken.

The trademark is the Chinese trademark of the new product.

The Guangzhou intermediate people's court held that the defendant, new hundred Lun company, was aware of the registration of trademarks of "Bai Lun" and "new hundred Lun", but still chose to use "new hundred Lun" to identify and publicize their products.

The new hundred Lun company argued in court that "new hundred Lun" is only used.

The Chinese name of a commodity is not used as an enterprise name in the commodity, but is used in good faith.

Moreover, the sale time of the new brun company is much longer than that of the plaintiff using the "new brun" trademark, and the way of using it does not cause any confusion to consumers or the relevant public, and does not constitute infringement.

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"In fact, there is protection for goodwill use, that is to say, I have used this name and have not been registered. After others have registered, I can still use it, but I should pay attention to distinguish the trademark from others.

The Guangzhou intermediate people's court held that the new company did not use its name in a standardized way, nor did it kindly take the initiative to avoid using the same or similar logo with others' registered trademarks, so as to avoid confusion, misidentification and market disorder of the relevant public and constitute infringement.