Chapter 982 Court
"Sheng Xinglong Soy Sauce? Is it a brand made by Aunt and Sister-in-law?" Mai Mingchuan was deeply impressed by that classic advertisement, but he never imagined that it would be related to Zhou Zhi: "Hahaha, Elbow ...There are so many rich relatives in the family... But what's going on with this lawsuit?"
"The balsamic vinegar we produce is registered as bran vinegar and has a registered trademark. " Zhou Zhi said: "But the Provincial Administration for Industry and Commerce also stated that the word bran vinegar is similar to liquor and koji wine, and is a general term for a category of products, so it cannot be used as a trademark of a specific manufacturer. We are currently preparing to file an administrative lawsuit. You have to go through the mediation court for a few times.”
“Bran vinegar? Is it made from wheat bran? If so, the Provincial Industry and Commerce Bureau does make sense.”
“It has its reasons, but we also have our reasons.” Zhou Zhi said with a smile: “First of all, our use of this trademark has been approved by the national trademark management department, although it is similar to liquor and Qujiu. However, due to the special craftsmanship and not many manufacturers, it is inherently more specific and less knowledgeable. ”
"Just like white chrysanthemum. When the Chinese medicine community mentions it, they know that it specifically refers to the medicinal white chrysanthemum in Hangzhou, and does not include various white chrysanthemums from other places."
"Then does the State Administration for Industry and Commerce also want to It is stipulated that white chrysanthemum cannot be used as a specific drug name in traditional Chinese medicine, but must be labeled as 'Hangbai Ju'? "
"Well..." Mai Mingchuan couldn't turn around for a while.
"Well, the white horse is not a horse debate is reappearing today." Gu Kailai became interested in this case: "How are you going to fight this lawsuit?"
"Us? According to Just fight with reason." Zhou Zhi said with a smile: "Then we ask for money and pay it back. In fact, it doesn't matter whether we win or lose. We strive to make it known to the whole country."
Mai Mingchuan still didn't react, but Gu Kailai already understood and pointed at Zhou Zhi: "You, you, you..."
Zhou Zhi smiled: "Disputes about intellectual property rights will become a problem in the future. The problem of huge energy in the industry, because Therefore, we must build a strong fence in this regard.”
“I know that when the font recognition module was first divided, the department’s machine-readable card program was used to divide the proportion of property rights. , several teachers have objections to me. "
"In fact, everyone has misunderstood that these measures are originally used to prevent villains. We cannot ignore the lower limits of our opponents just because we have requirements for our own moral character. We must take up the law. Come, protect our partnership Legal rights.”
“Now I understand it completely.” Mai Mingchuan felt a little ashamed: “We are still stuck in the rigid thinking of the planned economy period, and we are still young people today with smart minds! ”
"But from now on, I will be considered a member of the project team. From today on, all software development results related to the big font library should belong to the project team and be treated equally with everyone." Zhou Zhi added.
Li Hongjiang and Director Wang secretly breathed a sigh of relief.
Although Zhou Zhi has made a great contribution to the project, from the establishment of the project to the sponsorship of countless equipment for several buildings, it is almost impossible if Zhou Zhi does not mention that the results belong to the project team. If the team becomes a mountain leader and an independent kingdom, it will be difficult to lead the team.
Now that Zhou Zhi has such self-awareness, Mai Mingchuan is very happy: "This is also what it should be. Let's all welcome Zhou Zhi back together!"
The conference room suddenly rang with enthusiasm. of applause.
..."Comrade Judge, these are the relevant materials and evidence that we have submitted for administrative reconsideration." Professor Lu solemnly handed over a thick stack of materials: "The Provincial Administration for Industry and Commerce arbitrarily prohibited my client's right to use the trademark, and the case will be filed. Their motives, behaviors, and procedures are all inconsistent with rules and regulations and legal procedures. ”
“As for the procedural flaws of the Provincial Administration for Industry and Commerce, we have presented detailed evidence at the last two mediation meetings and received support from the Provincial High Court. Today, we would like to discuss the flaws in the provincial bureau’s law enforcement basis.”
“I. We now know that according to the enforcement notice issued by the Provincial Bureau, the Provincial Bureau believes that our registration of the product as 'Bran Vinegar' violates the relevant provisions of Article 11 of the Trademark Law, that is, we only have the common name and graphic model of this product. ; or only directly indicates the quality, main raw materials, functions, uses, weight, and quantity of the goods. and other characteristics; or other signs that lack distinctive characteristics, shall not be registered as trademarks.”
“Unfortunately, the premise of this decree is that ‘not to be registered as trademarks’, and it does not say that it has been. Successfully registered trademarks are also within the limits of this law.”
“For example, Article 10 of the Trademark Law stipulates which signs shall not be used as trademarks, and there is also an eighth provision that place names of administrative divisions above the county level or foreign place names known to the public shall not be used as trademarks.”
"However, registered trademarks using place names continue to be valid."
"Therefore, Manzhou's famous brand 'Manzhou Laojiao' and its registered trademark 'Manzhou Brand', under such circumstances, Still received the trademark It can continue to be used under the protection of the law. "
"And under the place name 'Manzhou' with obvious administrative divisions above the county level, it is directly named 'Tequ', 'Touqu', ' "Erqu" and "Sanqu" are divided into product categories. "
"Let's take a look at these names. Tequ means good quality and particularly good qujiu, and Touqu means the first batch of distilled wine. of koji wine, and so on for the rest.”
"Then I would like to ask, in addition to the municipal place name 'Manzhou', do 'Tequ', 'Touqu', 'Erqu', and 'Sanqu' also belong to the category of 'only directly indicating the quality and main raw materials of the goods, Function, purpose, weight, quantity and other characteristics, lack of distinctive features of the mark'?
"These names can be affected by Legal protection, then my client’s registered trademark should also be protected according to the principle of first protection of ‘Manzhou Laojiao’?”
Although it is a mediation court, this The case has also attracted interest from all parties. For example, the legal column of the provincial station set up a camera here to record the program.
“My client believes that the views raised by the prosecution are extremely biased.” The lawyer invited by the Provincial Bureau was not a vegetarian: “First of all, we must understand one thing, that is, Article 10 of the Patent Law states that the use of county A place name for an administrative division at or above the level of administrative division, but the regulations later state that the trademark using the place name has been registered, but it continues to be valid. The fundamental reason. "
"We believe that the main reason is that before the introduction of the law, there were already a large number of trademark cases named after place names in our country, and most of these trademarks were local time-honored brands, and the brands were already well-known to the public. , has satisfied and possessed the particularity and awareness of trademarks among the general public. ”
"We also use Manzhou Laojiao as an example. This trademark was created long before the founding of the People's Republic of China, and won a grand prize at the Panama Exposition. It has long been known to people across the country and even the world. Therefore, the laws enacted later are not applicable to tracing established facts. . ”
“This situation is very different from Saturday Niang Food Co., Ltd.’s registration of ‘bran vinegar’ as a product trademark. ”
(End of this chapter)
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