"Do not build oneself palace on the land of others "
"Jiang Xiaobai " brand is contended for attributively cause social heat to discuss
On the battlefield that brand contends for, much two enterprises.
7 years ago, one paper " custom-built product sells a contract " what bury the hidden trouble below, allow trade of Chongqing river small liquor limited company (Jiang Xiaobai of the following abbreviation) with Chongqing town Jiang Jin distillery (group) limited company (brewery of Jiang Jin of the following abbreviation) litigate.
Depend on " stamp heart " the Jiang Xiaobai that article table has his moment, although obtained the one numerous force inside the industry to hold out, fail to redeem the declining tendency in brand battlefield after all however.
The near future, the one paper of senior people court adjudicates Beijing exposure, the court decision rejected suit of line of business of Jiang Xiaobai wine to request, declare the 10325554th " Jiang Xiaobai " brand is invalid. This court decision means Jiang Xiaobai to be in last a period of time in trademark dispute desk of two years suffer a defeat finally.
After losing this trade mark, await Jiang Xiaobai what will be? Didn't all corners of the country have river Xiaobai again really? The brand battle backside that erupts again and again in recent years besides " into king defeat bandit " outside ending, what enlightenment to leave to us again?
One paper agreement buries next hidden trouble
Jiang Xiaobai's story wants from tell 7 years ago case.
On Feburary 20, 2012, spirits of sugar of area of ferry of river of subordinate of brewery of Chongqing river ferry is finite liability company, with Sichuan limited company of new blueprint trade is signed " custom-built product sells a contract " wait for an agreement. Company of new blueprint of accredit of river ferry brewery is " a few rivers " card Jiang Jin is old Bai Gan, " faint scent one, 2, 3 " series, exceed Qing Chun series, a particular year wine of old wine series is custom-built product agency. The spring of stone of father a surname that the legal person representing of company of new at that time blueprint is Jiang Xiaobai.
Bilateral collaboration only then at this agreement, and in the future conflict all also wants restrospect to this agreement, but what agreement oneself does not have the intellectual property such as brand of conventional Jiang Xiaobai however is attributive.
2012, "I am Jiang Xiaobai, the life is very simple " once Jiang Xiaobai of smooth bottle little alcoholic drink is pushed to the market, have his moment quickly. The cooperative relation of Dan Jiangjin brewery and contented stone spring begins burst however. By 2012, bilateral collaboration is stopped, industry of river small liquor begins to build wine place of business oneself.
Beijing Han Dinglian adds up to Liu Daochen of attorney office partner to say, the trade performance of the enterprise is brand risk " amplifier " . Fruit if character, this " amplifier " went up very quickly with respect to the clique use.
Began 2016, jiang Xiaobai and river ferry brewery because brand problem " dogfight " was in one case. In May 2016, country of Xiang Yuan of river ferry brewery is industrial and commercial committee of evaluation of total bureau brand submits to Jiang Xiaobai brand is invalid declare, win support.
After this, jiang Xiaobai and river ferry brewery litigate twice again. On December 25, 2017, court of Beijing intellectual property enters a judgement: Cancel brand is evaluated appoint make about the 10325554th " Jiang Xiaobai " brand is invalid declare requests to rule. First instance adjudicates, industry of river small liquor wins out. And near future place exposes to the sun the report that give, was on November 22, 2018 the 2 careful of senior people court adjudicate Beijing, this, industry of river small liquor loses a lawsuit.
Doesn't all corners of the country have Jiang Xiaobai again?
The message that Jiang Xiaobai loses a lawsuit, caused the in an uproar inside course of study. Comment of Hao sea peak weighs winebibber network president: "Earthly person knows, jiang Xiaobai is Tao Shiquan (establish) . " 1919 wine kind say for river of president Yang Ling continuously: "Gentleman of if the river is little white spring of stone of father a surname, reach its company to lose Jiang Xiaobai trade mark, this will be protection of Chinese intellectual property most unsuccessful brushstroke! Meet only great and indulgent spec! Meet only great and indulgent spec!!
Even if have by every means complaint, forensic judgment already became a fact. "All corners of the country does not have Jiang Xiaobai again " the sadness that is the vermicelli made from bean starch after brand is invalid, also be the viewpoint of one part media.
But, liu Daochen feels this word should add on one however " interrogation " , "Because the existence of brand force is not met,end because of annul " .
Ding Jinkun of solicitor of office of attorney of Shanghai big country says, after Jiang Xiaobai brand is invalid, river ferry brewery can not gain this trade mark of course, it is Jiang Xiaobai only the company cannot undertake brand thought fors the time being just. Jiang Xiaobai company still can continue to use Jiang Xiaobai, for example regards the name, commodity as decorate.
Beijing Chinese vessel combines Chen Meng of attorney office solicitor to also express, "The last instance that still has the supreme court " " do not eliminate to have break up dish likelihood " .
Late on March 30, river small white hair expresses statement to say, since 2011, the company has registered more than 100 in China " Jiang Xiaobai " brand, can continue to use lawfully, product of all Jiang Xiaobai all is sold normally. Temporarily invalid brand is the 10325554th trademark that under one's name registers merely.
Nevertheless, in " be defeated by first " below the circumstance, jiang Xiaobai still is faced with " plateful all is defeated " likelihood.
Beijing manage Li Renzhi knows brand of limited company of property right representative to be in charge of Dai Fujuan to say, had the precedent with the 10325554th invalid brand, more than 100 brand of Jiang Xiaobai are extremely possible by river ferry brewery " each is destroyed " .
Character of place of the beautiful that wear volt is not empty. Although Chinese law is not system of legal precedent standard, won't consult the result of a law case will try the invalid application from the back, but classics is same a factual ground that the court has held, again the adjudgement of in the future basically can cite. If river ferry brewery is aimed at the brand that Jiang Xiaobai applies for,approximate perhaps brand mentions continuously application cancel, jiang Xiaobai did not fear will not having brand to be able to be used.
How compose builds a brand " moat "
Actually, river ferry brewery also does not have Jiang Xiaobai brand. Although the 10325554th brand is sentenced to disable, also can not bring about river ferry brewery to gain access.
The final result of two conflicting, let Jiang Xiaobai brand extremely likely become " derelict ground " . Because the ground is new " trademark law " fiftieth 5 regulations, registered trade mark by cancel, the sun that perhaps cancels from cancel rises one year inside, brand bureau is identical to other and this brand approximate perhaps brand registers application, do not grant approve.
Dai Fujuan says, blank of a year period brought concussion is tremendous, because can have ceaselessly " X Xiaobai " appear come market of race to control, even leap up is red, replace.
This may be the price that Jiang Xiaobai pays for brand.
Nevertheless, of Jiang Xiaobai's brand contend for those who leave a society to draw lessons from a meaning far be more than case itself be defeated to win and written guarantee finally if really. Guo Jia of advisory president of Beijing fine heart call his " a mark of culture of Chinese modern business " , body reveals popular feeling of development of intellectual property consciousness.
Actually, in recent years because brand is attributive and the example too numerous to mention one by one that makes so that boil is filled with a day instead, contend for from what Wang Laoji adds much treasure, to Luoyang Du Kang and Shaanxi Du Kang contend for, show dew to sweet village of paddy of north and south from north and south contend for, ever attracted countless eyeball.
"At the beginning of a lot of brands are founding, trademark holder and real operation business are inchoate signed cooperative agreement is too simple, did not make clear about intellectual property relevant limit. " bright red Dan Peng says analyst of Chinese food industry, brand of this Jiang Xiaobai is attributive problem, also give each big company carried wake, need as soon as possible thinks how compose builds a brand to protect " moat " , how to consolidate ceaselessly the problem such as the intellectual property system with perfect brand.
"The enterprise is in operation and development process, develop initial stage especially, should take a brand seriously particularly the checkup of lawful sex and perfect, avoid to brand is registered and use the flaw that goes up to exist possibly and legal hazard as far as possible. " Liu Daochen says, some closer the value that the brand representative orgnaization of competition of year of a few low serves to trademark law law has serious misdirect effect, let an enterprise easily think brand problem is a representative application is flat perhaps " buy big auspicious " , this may let an enterprise lose perfect its brand the opportunity of lawful sex. The industry should rise brand layout consciousness especially, the legal foundation tamp of brand, "The palace that must not build oneself on the land of others " .
