[Explanation] Mentioning "Double Eleven", many people think of e-commerce and shopping keywords.

However, the ownership of the "Double Eleven" trademark is still controversial.

Recently, Alibaba and JD.com were trademarks of the "Double Eleven", and they respectively brought the State Intellectual Property Office to court.

On November 10th, two cases were heard in Beijing Intellectual Property Court.

　　[Explanation] The judge introduced that Ali applied for the registration of the "Double Eleven" trademark in 2011.

In 2018, JD.com believed that Ali had not actually used the trademark within three years and should be revoked.

After two inspections, the State Intellectual Property Office finally made a decision that the registration of Ali's trademark involved in advertising and other services should be maintained, but the other services should be revoked.

However, Ali and Jingdong expressed dissatisfaction with the decision made by the State Intellectual Property Bureau.

In the two cases, Ali and JD.com were the plaintiffs, and the defendants in both cases were the State Intellectual Property Bureau.

　　[Live Voice] Wu Yuanmei, Judge of Beijing Intellectual Property Court

　　After this round of review, the State Intellectual Property Office concluded that Alibaba had used the "Double Eleven" trademark in three services: "advertisement; display products on communication media for retail purposes; and promote sales for others". The registration on these three services was maintained, and the rest, including business management, auxiliary, etc., were deemed not to be used, and the registration on this part of the service was cancelled.

Regarding this result, Alibaba was dissatisfied with the revocation part, while JD.com dissatisfied with the maintenance part and filed a lawsuit with this court.

　　[Explanation] In the case of JD.com v. State Intellectual Property Office, one of JD’s views was that Alibaba used "Double 11" in the process of using it confusingly, not the use of the trademark "Double 11" approved by the Trademark Office.

Although the use of the trademark without changing the distinctive features can be regarded as the use of the registered trademark, "Double Eleven" represents the shopping festival of e-commerce, which is less distinctive in itself, and Alibaba should use it strictly in accordance with the approved logo.

　　[Live Voice] Plaintiff (JD Company Agent)

　　When a third party uses the "Tmall Double Eleven" trademark, it can only be regarded as his actual use of the "Tmall" trademark, but cannot be regarded as the actual use of the "Double Eleven" trademark.

Because "Double Eleven" here only represents the shopping festival on November 11 each year.

In fact, the "Double Eleven" trademark used to represent the shopping festival has penetrated all walks of life.

　　[Explanation] The State Intellectual Property Office stated that the trademarks involved in the case were used within the specified time limit, which played a role in advertising and promotion.

The decision being sued is based on law and should be maintained.

　　[Explanation] In the case of Ali v. National Intellectual Property Office, Ali stated that as the founder of the "Double Eleven" shopping festival, Ali invested a huge amount of advertising on the "Double Eleven" trademark on the one hand, gaining popularity and influence On the other hand, several pieces of evidence were submitted for the part of the trademark involved in the cancellation, proving that it constituted use in the sense of trademark law.

　　[Live Voice] Plaintiff (Alibaba Company Agent)

　　The plaintiff had a Taobao crowdfunding platform, and then used the disputed trademark "Double Eleven" on the Taobao crowdfunding platform. The period of use was September 18, 2018, which was within the specified period of the case.

Therefore, the plaintiff believes that the evidence from the court trial stage and the litigation stage can form a complete chain of evidence to prove that the disputed trademark has been used for real and effective commercial use on the service being cancelled during the specified period, and the registration should be maintained in accordance with the law.

　　[Explanation] The National Knowledge Bureau explained that the use of "business management assistance; business information" and other services refers to business information services provided by industrial and commercial enterprises, and the evidence submitted by Alibaba Group is for promotion to consumers. Inconsistent with the requirements of the trademark category, the trademark registration cancellation of this part of the service should be maintained.

　　[Explanation] Neither case was sentenced in court.

　　Reporter Shan Lu reports from Beijing

Editor in charge: [Sun Jingbo]