More than ten years ago by Jay Chou and Jiang Yuchen jointly shot the Youlomei milk tea advertisement is not still let you remember it? In those years, the brand spokesperson Jay Chou said the words "you are my best joy", which made Guangdong Xizhilang Group Co., LTD. (hereinafter referred to as Xizhilang Company)2007Youlomei milk Tea, launched in 2005, has gained great attention. Recently, by the Beijing High People's Court (hereinafter referred to as the Beijing High Court) of the second instance of the ruling of "Youlemei and Tu" trademark invalidation request for administrative dispute case has also caused a lot of attention.
2020years4month247242968(hereinafter referred to as the contested trademark. See the following figure for details1) filed a request for invalidation with the Trademark Office of the State Intellectual Property Office. On the first page of the application for invalidation, Xizhilang registered it in the No32The first in the class of goods6089636(hereinafter referred to as the cited trade mark. See the following figure for details2) as cited trademark, claiming that the trademark registration is in violation of Article 13 of the Trademark Law and other relevant provisions.2020years7month246091459The name "Youlomei"u.loveit"And" logo (see below for details3) constitutes a well-known trademark, and claims that the contested trademark constitutes a copy of its earlier well-known trademark. After the first and second trials of this case, it was determined that there were fewer trademarks under the name of Yunlian Digital Entertainment Company and the applicant Jiang Duochun, and the existing evidence was not enough to prove that the trademark in dispute was registered by fraudulent means or improper means, nor was it enough to prove that the application of trademark in dispute disrupted the order of trademark registration management and harmed the market order of fair competition, so their registration was not violated2001The provisions of Paragraph 1 of Article 41 of the Trademark Law in 2005 on "Obtaining registration by fraudulent means or other unfair means". Xizhilang's reasons for appeal lacked factual and legal basis and were rejected by the Beijing High Court. In the end, the Beijing High Court rejected Xizhilang's appeal and upheld the original verdict.
Ringser's view:In this case, Xizhilang Company lost due to the fact that the date of registration and announcement of the well-known trademark of Xizhilang Company and the time when it was recognized as a well-known trademark was later than the date of application of the contested trademark, and Xizhilang Company did not request for invalidation within five years of the approval and registration of the contested trademark. This case also reminds enterprises once again that in today's society, brand wars are becoming increasingly fierce, and trademarks are the invisible "protective hand" of brands, escorting the development of enterprises. Only when the enterprise does a good job of trademark layout in advance and trademark monitoring, can it effectively avoid the trademark corresponding to the brand being pre-registered by others, avoid unnecessary rights disputes and better protect its own brand.
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