(By Wang Ting and You Yunting) In enterprise name registration, if an enterprise changed its enterprise name at once, generally the new enterprise name is under protection. This means, the enterprise is no longer entitled to the rights and interests of its prior enterprise name. Such being the case, does another’s registration on the prior enterprise name cause its prior rights, or violate the Article 32 of the Trademark Law on the stipulation that the trademark application shall not infringe upon another party’s prior existing rights? Is the enterprise with a new enterprise name entitled to the prior right for its prior rights? In today’s post, with regard to those questions, the Trademark Office, the Trademark Review and Adjudication Board, Beijing No.1 Intermediate People’s Court and Beijing Higher Peoples Court were divided in their attitude.
(By You Yunting) According to the news, Alibaba Group, an Chinese e-commerce that provides consumer-to-consumer business-to-consumer and business-to-business sales services via web portals, has already obtained the registration of the trademark “双十一” (meaning “double 11”, actually the date of November 11th) (the “disputed trademark”) and authorized its affiliated Tmall.com to the exclusive use of the disputed trademark. Moreover, Alibaba delivered letters to various news media arguing that the JD.com’s use of “双十一” infringed the rights of its trademark. However, JD.com, one of the largest B2C online retailers in China by transaction volume, replied that the date of “November 11th” has already became a shopping day for all retailers and Alibaba’s registration on the “双十一” is accused of having the monopoly. Actually, Sunning Appliance, Gome and Amazon have suffered such impacts as well as JD.com.
(By Luo Yanjie) In our today’s post, when a foreign company ordered a number of Hero pens from a Chinese company, the Chinese company used the fake products to replace the authentic ones and then the fake products were found to be confiscated and punished by the Customs. Finally, the foreign company brought the Chinese company into the court and won the lawsuit, claiming that the Chinese company disobeyed the contract.
Hero pens are famous and have received well reputation for its good quality in the industry of pens in China.
(By You Yunting) Initially in its application, SAMSUNG failed to obtain its Chinese-transliterated trademark for cameras by virtue of a prior-registered trademark under Class 9 for screen products.