China News Service, Chengdu, December 28 (Shan Peng) Recently, a grain of "green pepper" affects the nerves of Sichuan's catering industry.
Not long ago, Shanghai Wancuitang Catering Management Co., Ltd. (hereinafter referred to as Wancuitang Company) filed a lawsuit against a number of Sichuan catering companies on the grounds of infringement of trademark rights. The plate bears the words "green pepper".
On the 28th, Yan Long, the executive chairman of the Sichuan Hot Pot Association, said in an interview in Chengdu that he would jointly file an invalidation lawsuit against the "Qinghuajiao" trademark.
"Green pepper is a common condiment in Sichuan, and green pepper fish hot pot is also a Sichuan specialty. After this happened, we couldn't believe it and were shocked." said Yuan Xianxiang, general manager of a Chengdu restaurant company that specializes in green pepper hot pot fish.
It is understood that Zuo Zhengfei, the legal representative of Wancuitang Company, previously stated through the media that the company operates a number of "green pepper fish" direct-operated catering stores in Jiangsu, Zhejiang and Shanghai.
After many "green pepper fish" shops that imitated and copied their business style appeared in Jiangsu, Zhejiang and Shanghai, Wancuitang Company registered several "green pepper" and brand names with the words "green pepper".
According to China Judgment Document Network, in 2017, the company sued a snack bar in Qingdao, Shandong Province for trademark infringement, and was awarded RMB 30,000 in compensation.
However, Wancuitang Company sued more than 10 restaurants in Sichuan this time, and progress is not going well.
After the incident caused widespread public concern, Zuo Zhengfei publicly responded to "withdraw all litigation" on the 25th.
Even if there is no pressure to file a lawsuit, some restaurants in Sichuan are still worried about similar incidents in the future.
Yan Long revealed that the Sichuan Hot Pot Association will establish an intellectual property center to cultivate legal awareness of catering companies, popularize professional knowledge of intellectual property rights, provide necessary legal assistance for catering companies, and promote the growth of the industry.
As a common name, what is the basis for the registration of "Qinghuajiao" as a trademark?
According to the China Trademark Website of the Trademark Office of the State Intellectual Property Office of China, under the 43rd category of the International Trademark Classification (Food and Beverage Services, Temporary Accommodation), Wancuitang Company has applied for registration of multiple "green peppers" or containing "green peppers" The brand name of the typeface.
According to Zeng Germany, a professor at Southwest University of Political Science and Law, the trademark "Qinghuajiao" is registered in the food service category, and its trademark is somewhat controversial. It is not identifiable to register the trademark “青花椒” in the raw materials of condiments, because it is a kind of seasoning and belongs to the common name. However, if the trademark “青花椒” is registered in the food service category, Is it identifiable?” Zeng Germany said in an interview that it is necessary to consider the trademark as a generic name and the category in which the trademark is applied for registration. If there is a certain connection, a cautious attitude is required.
"'Qinghuajiao' is indeed a plant name and spice name. Whether it can be registered as a trademark requires specific analysis and cannot be generalized." Lawyer Zhu Jieping, founding partner of Taikunlu and a special researcher of the China Policy Science Research Association, analyzed , "Qinghuajiao" cannot be registered if it applies for trademark registration in 30 types of condiments or similar goods; on the contrary, it may be registered if it is not on the same kind of goods, similar goods, or the same kind of service and similar services.
Recently, there have been constant disputes arising from trademark rights protection. Previously, "Xiaoyao Town Hu spicy soup" and "Tongguan Roujiamo" were sued for infringement.
Nowadays, Sichuan's "green pepper" is almost in court.
Trademarks are legally registered, but rights protection should have boundaries.
According to Dr. Wu Yixing from Beijing Daxiao Law Firm, the role of trademarks is to identify. Although trademark owners have the right to sue trademark infringements, they cannot prohibit others from using "trademarks" as "non-trademark". Trademark rights are prone to "cross-border" areas. "If other market operators think that a certain trademark application is inappropriate, they can try to invalidate someone else's trademark." Wu Yixing said.
In this regard, Zhu Jieping also pointed out that operators who obtain the exclusive right to use the generic names through trademark registration will cause other operators to be unable to reasonably use the generic names, which will adversely affect the development of the market economy.
"Businessmen should strengthen the awareness of intellectual property protection. A clean and virtuous business judicial environment requires the participation of all sectors of society. The legal profession should guide social expectations and protect and remedy the legitimate rights and interests of legal operators. The legal use of trademarks depends on the society. The joint maintenance of the market will help create a good market environment for the development of the market economy and promote the normal circulation of commodities.” Zhu Jieping said.
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