25 New Applications For Registration Of The Right To Exclusive Use Of Registered Trademarks Have Been Accepted.

The State Administration for Industry and Commerce recently issued the notice on the application for registration of the right to exclusive use of registered trademarks, and decided to make the 25 Industrial and commercial enterprises in Zhejiang industrial and commercial bureau, the Xinjiang Uygur Autonomous Region industrial and commercial bureau, Hubei Yichang industrial and commercial bureau, etc.

The bureaus set up points of acceptance.

The acceptance point has been launched since July 1st this year, and it can be registered on behalf of the Trademark Bureau of the State Administration for Industry and commerce.

The registration certificate is not charged.

According to the notice, the relevant business at the receiving point is in accordance with the state.

The requirements of the Trademark Office shall be carried out and accepted by the Trademark Bureau.

The acceptance point may collect the application documents for the registration of the right to exclusive use of a registered trademark, and issue relevant documents such as the registration certificate of the right to exclusive use of a registered trademark, etc., on behalf of the trademark office.

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The trademark owner of the American milk brand "Jubilee" prosecuted the operator of haotao website "Honey Tao net" on the grounds of infringing trademark rights and unauthorized use of its business name and unfair competition.

The court decided that "Honey wash net" constituted trademark infringement, but it did not need to bear the liability of compensation.

The famous American milk powder brand "Jubilee" import and distributor Shanghai fayya import and export trade Co., Ltd. (Shanghai Fei Ya company) has signed two power of attorney, and has granted all the registered trademarks "HAPPY BELLIES" to Shanghai Jubilee Culture Communication Co., Ltd. (Shanghai Jubilee company) for exclusive use.

After being authorized, Shanghai Jubilee company set up the "Jubilee mother and infant official flagship store" in Tmall, Jingdong, suning.com and other well-known e-commerce providers, and sold baby food with Jubilee logo.

On the packaging of goods, Shanghai Jubilee company clearly indicates that the origin of the goods is the United States, the manufacturer is Nurture, Inc., the importing and distributor is Shanghai Fei Ya company, and the Chinese label is added to the original English package.

In addition, Shanghai Jubilee has invested a lot of money in the online and offline publicity of the "Jubilee" brand.

At the same time, the "HAPPY BELLIES" trademark was also sold on Hai Tao's website.

Through browsing the website, it is easy to find that when displaying the above products, "honey net" used the words "HAPPY BELLIES Jubilee", "American Jubilee HAPPY BABY", "American Jubilee HAPPY BABY" and other words to express; on the specific commodity display page, the photos of individual commodities contain Chinese labels, and the label shows "Shanghai fayya import and Export Trading Co., Ltd.".

When introducing some of the products, "honey net" is described as "synchronized sales with the US market, entered China through customs inspection", and "brand in the United States is also only sold in the US market".

Regarding the supply channels of goods sold, "honey net" means that it hired its professional buyers to buy and send them to the US warehouse and send them to the warehouse in Hongkong, and finally send them from Hongkong to the buyers.

At the same time, "Honey Tao net" also commissioned the Shanghai Mu Hong Trading Co., Ltd. to send goods directly to purchasers by way of regular settlement.

In the court investigation, the "Jubilee" infant food sold by Shanghai Jubilee company and "honey net" was approved by both Nurture and Inc. products.

Shanghai Jubilee company believes that "Honey wash net" infringes its trademark right, and unauthorized use of its "Jubilee" business name constitutes unfair competition. Therefore, it appeals to the court to request the operator of Beijing honey basket Technology Co., Ltd. to immediately stop infringement and unfair competition, and compensate for the economic loss of 500 thousand yuan.

The court held that the products sold by the "Amoy net", though Nurture, were genuine products originate from the United States, produced by Inc., but the trademark rights are regional. In China, the Shanghai Jubilee company is the sole exclusive right holder of the authorized "HAPPY BELLIES" trademark. The use of the above-mentioned trademarks on the same or similar commodities without the permission of Shanghai Jubilee company is a trademark infringement.

In this case, the "honey net" sale of infant food is approved by Shanghai Jubilee's registered trademark "HAPPY BELLIES" in the same scope; the "Jubilee" logo used on the products sold by "honey net" is not significantly different from that of Shanghai Jubilee's "Jubilee" registered trademark, which constitutes an approximate trademark and easily confuses consumers.

Therefore, the sale of "Xi Bei" infant food by "honey net" constitutes a violation of the exclusive right of the Shanghai Jubilee company's registered trademark, and it should bear the legal liability for stopping the infringement.

China's trademark law stipulates that sales do not know that it is a commodity infringing upon the exclusive right to use a registered trademark. It can prove that the goods are lawfully obtained and explained by the supplier and do not bear the liability of compensation.

In this case, "HAPPY BELLIES" rice noodles sold by "honey net" can be identified as purchased from the US market.

The goods were legally purchased in the United States, then pferred to mainland China via Hongkong, and the postal tax was paid through customs in the process of entering the mainland of China.

There is no prohibitive provision for the import and tax payment of this kind of goods. Under the current trend of economic globalization, cross sea seafood has become a way of consumption for more and more ordinary consumers in the mainland of China. As long as cross boundary offshore goods are legally produced and sold in the country of origin, and they have fulfilled the legal entry procedures, they should be identified as having legitimate sources.

"Honey net" commissioned by Shanghai Mu Hong Trading Co., Ltd. directly to the purchaser of goods, through normal business behavior.

Therefore, the "Jubilee" sale of "Jubilee" goods is legitimate, so there is no need to bear the liability for compensation for trademark infringement.