China News Service, September 9 (Zhongxin Finance Wu Jiaju) In recent years, disputes over the "Honeysuckle" trademark have repeatedly attracted attention.
Today, the interest disputes behind the "Honeysuckle" trademark No. 603857 may usher in a turning point.
The official website of the State Intellectual Property Office recently announced a delivery notice showing that the State Intellectual Property Office has issued a letter to Shanghai Hongxing Daily Chemicals Factory on August 15, 2022, with the text as the State Intellectual Property Office's Revocation of Approval No. 603857 " The decision on the transfer and renewal of the registered trademark of "Honeysuckle".
According to China Trademark Network, the international classification of No. 603857 "Honeysuckle" trademark is 3, including cosmetics, lotions, perfumes, talcum powder, and beauty creams.
Image source: State Intellectual Property Office official website
Hundreds of businesses sued
On January 25, 2022, the Jiangxi Provincial Health and Disinfection Products Industry Association issued a statement saying that some members reported that they were arrested by Shanghai Bili Cosmetics Co., Ltd. (hereinafter referred to as "Honeysuckle" for the production and sale of "Honeysuckle Flower Dew Water" involving infringement of No. 603857 "Honeysuckle"). Shanghai Bili”) sued.
The association said that after receiving the summons from Shanghai Bili to sue, the affiliated enterprises signed a so-called trademark understanding agreement ranging from 50,000 to 150,000 under the pressure of Shanghai Bili's lawyers because they did not know that the honeysuckle trademark was revoked. , and paid compensation; a lot of compensation was paid to Shanghai Bili shareholders, or private bank card numbers of persons not involved in the case, or to the account of the law firm involved in the lawsuit.
The well-documented compensation payments have reached millions of dollars.
Enterprises that are unwilling to pay compensation have to hire lawyers to participate in the litigation, causing trouble for the association's enterprises and increasing legal costs.
Statement issued by Jiangxi Health and Disinfection Products Industry Association
The association also stated that it knew that Shanghai Bili sued not only members of the association, but also members of the industry involved in the production of cosmetics and disinfection health care products marked with the honeysuckle logo across the country, and there were hundreds of companies involved in the lawsuit.
According to Tianyancha, Shanghai Bili has 132 court announcements to sue others or companies, most of which are disputes over trademark infringement.
According to The Paper, Shanghai Bili has initiated hundreds of trademark infringement lawsuits across the country for its possession of the "Honeysuckle" trademark, claiming over 10 million yuan.
Screenshot from Tianyancha
The Jiangxi Provincial Health and Disinfection Products Industry Association stated in a statement on January 25 that it was discovered through formal channels that the No. 603857 honeysuckle trademark was issued on January 27, 1994 (1994) Shang Ping Zi No. 15 "Honeysuckle Flower" The ruling on improper trademark registration was revoked on the grounds that it violated the provisions of Article 8, paragraphs 6, 8 and 27 of the 1982 Trademark Law; it was announced by the Trademark Office on March 28, 1995.
Revived after being revoked
The official website of the State Intellectual Property Office announced on September 6 that the applicant for the No. 603857 "Honeysuckle" trademark is Shanghai Bili Cosmetics Co., Ltd.
The recipient of the above-mentioned delivery notice is Shanghai Hongxing Daily Chemical Factory (hereinafter referred to as "Shanghai Hongxing Daily Chemical"), not Shanghai Bili, which claims to hold the trademark.
According to the website of the National Enterprise Credit Information Publicity System, Shanghai Red Star Daily Chemical was revoked on November 12, 2002.
Screenshot from the website of the National Enterprise Credit Information Publicity System
Why is the recipient Shanghai Red Star Daily Chemical?
According to surging news reports, the "Honeysuckle" trademark file of the State Intellectual Property Office shows that the trademark No. 603857 of the honeysuckle involved in the case was registered by Shanghai Hongxing Daily Chemical.
According to China Trademark Network, the date of application for the No. 603857 "Honeysuckle" trademark was August 15, 1991, and the registration announcement date was July 30, 1992.
According to The Paper, a ruling on improper registration of the "Honeysuckle" trademark dated January 27, 1994 shows that "Honeysuckle" is a common Chinese herbal medicine with heat-clearing and anti-inflammatory effects. Those who believe that such products contain honeysuckle ingredients and have medicinal effects. If such cosmetics do contain honeysuckle, the trademark being applied for directly represents the main raw materials of the products, which violates Article 8 of the Trademark Law. Therefore, "Honeysuckle" as a trademark of cosmetic products has been improperly registered.
This 1994 ruling shows that the former Trademark Review and Adjudication Board of the State Administration for Industry and Commerce ruled as follows: Shanghai Hongxing Daily Chemicals Factory's trademark No. 603857 "Honeysuckle" registered by the Trademark Office shall be revoked.
Screenshot from China Trademark Network website
According to China Trademark Network, by 2002, the revoked "Honeysuckle" trademark No. 603857 had been renewed, and has been transferred many times since then.
Peng Mei News reported that the trademark was finally acquired by Shanghai Bili, and the exclusive right expires on July 29, 2032.
Subsequently, since 2019, Shanghai Bili began to initiate trademark infringement lawsuits for its holding of the "Honeysuckle" trademark.
Shanghai Bili's two applications for "Honeysuckle" trademark were rejected
According to the website of the National Enterprise Credit Information Publicity System, Shanghai Bili was established on September 4, 1995, with Song Yong as its legal representative and a registered capital of 1.3333 million yuan.
It is worth mentioning that the company has also applied for the "Honeysuckle" trademark with an international classification of 3 twice in 2019 and 2022, but the current status is "rejection review".
Among them, in 2019, the application for the use of the trademark in cosmetics, perfume, talcum powder, moisturizing lotion, beauty lotion, beauty cream, and beauty serum; in 2022, the application for the use of the trademark in cosmetics, body lotion, perfume, talcum powder, beauty cream , Beauty serum, beauty lotion, prickly heat powder, anti-prickly heat water, scented water.
Zhongxin Finance tried to contact the company, but the phone number could not be reached as of press time.
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