Huairou Has Investigated And Dealt With 12 Cases Of Trademark Infringement.

This year, the Huairou branch of the industrial and Commercial Bureau launched a campaign to combat counterfeit and shoddy practices and achieved tangible results. By the end of November, they had investigated and dealt with 12 cases of trademark infringement, confiscated the value of infringing goods 425 thousand and 500 yuan, fined 586 thousand and 600 yuan, investigated 25 cases of product quality, confiscated the value of unqualified goods 5756 yuan, and fined 72 thousand and 700 yuan.

In the rectification operation, the industrial and commercial bureau of Huairou branch focused on the wholesale market, the small commodity market, the electronic market, the construction sites and the shopping websites with more complaints. The main problems were the sale of goods infringing the exclusive rights of registered trademarks, the sale of goods not in line with the national quality standards, the failure to comply with the national 3C compulsory certification or endanger the personal health and safety, and the sale of the country. Goods that are explicitly eliminated. The sub Bureau dispatched more than 600 law enforcement personnel to check over 300 tangible markets and check over 2000 households in various markets.

stay trademark Infringement, commerce and Industry Huairou Through the establishment of trademark protection green channel, the sub branch further maintains the exclusive right to trademark of the enterprise, and brings 4 enterprises of Futian Daimler automobile, imperial food garden, Hongxing stock and Hongluo food into the green channel member units. In terms of commodity quality, Huairou industrial and commercial bureau has more complaints against consumers. clothing The children's toys, electronic products, glasses and so on have carried out the commodity quality sampling inspection, sampling commodity 217 groups.

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Since Ali has registered the "double eleven" trademark on thirty-fifth categories of related services, if someone else uses the "double eleven" trademark without the authorization of the same or similar service, it will undoubtedly violate the provisions of the fifty-seventh law of the trademark law and constitute a trademark infringement.

However, this does not mean that other electric providers have no connection with the "double eleven".

First of all, according to the ninth provision of the Trademark Law of China, "trademark applied for registration should have significant characteristics, which is easy to identify, and must not conflict with the legitimate rights of others." In fact, "double eleven" as a trademark, its significance is relatively low, because "double eleven" is a holiday, from the objective existence date "November 11th", in other words, even if Ali has registered "double eleven", but it can not prohibit others from using "11.11", "November 11th" or other variants, because dates belong to public resources. It is impossible to monopolize any enterprise.

Secondly, in the actual use process, Jingdong, Gome and Suning providers can not only use the word "double eleven", "11.11", and so on, instead of using their registered trademarks "Jingdong", "Gome" and "Suning".

According to the fifty-ninth article and the third paragraph of the Trademark Law of China, before the trademark registrant applies for trademark registration, others have already used the same or similar trademark with the registered trademark before the trademark registrant on the same commodity or similar commodity, and the registered trademark exclusive right holder has no right to prohibit the user from continuing to use the trademark in the original use scope, but it may require Ask for additional identification. According to the regulations, even if Ali has already registered the "double eleven" trademark on related services, it has no right to prohibit other electricity providers from continuing to use the word "double eleven" on the premise of adding appropriate differentiated identities.

Finally, although the "double eleven" shopping carnival is indeed pioneered by Ali, it has great influence in the relevant public areas nationwide. However, in recent years, because of the excessive publicity of the major electricity suppliers, the "double eleven" has gradually degenerated into a synonym for a specific holiday. Therefore, "double eleven" has been gradually diluted, though it is a registered trademark. Therefore, the trademark owner wants to prohibit others from making use of the name of a holiday by virtue of the trademark registration certificate. In practice, it is often hard to get the support of the relevant law enforcement departments. 。