On April 25, shellfish meal received report of a first instance on the west, support its to protect registered trade mark, peculiar decorate to wait.
Judgment shows, encroach Xi Bei to close a dining room of right beneficial, should change instantly not only decorate, publish excuse statement even, pay more than 820 thousand yuan reparations.
Imitate, mountain fastness is in meal course of study common occurance, but now, increase as brand consciousness, imitate, mountain fastness is exceedingly meaning no longer, be about not carefully to pay bitter price.
Xi Bei makes a holiday this, also remind us, meal brand thought fors the time being, can make assorted fist.
Brand of 1. Xi Bei is encroached, decorate is borroweded, first instance wins the lawsuit
Village of face of Xi Bei You, it is the core brand of Xi Bei meal, up to this year on April 12, in the whole nation 57 cities have 336 doors store. "I? You " the characteristic decorate that is a delegate for antependium of super symbol of the representing, red grid, bind closely with Xi Bei already calm.
A year many before, xi Bei discovers Beijing name is " You face other people " dining-room, decorate style and its close, still used proprietary of Xi Bei dining-room " I? You " wait for designation of trade marks, then because of brand tort, unfair competition will " You face other people " operator and bazaar controller appeal to to the court.
Super symbol of Xi Bei
Judgment shows, besides afore-mentioned " I? You " designation of trade marks, the whole of inn of door of You face family is decorated, also with Xi Bei dining-room very close.
According to the evidence that shellfish respect shows on the west, you face other people is in those who expect area, repast area, kitchen division to decorate, used Xi Bei in great quantities by the element with hep consumer, dish of menu of garment of labour of chair of the antependium that is like alternate with of red white case, brown ox horn, bull-puncher, foldout, classical characteristic is tasted etc, imitated Xi Bei.
Village of face of Xi Bei You
You face other people
And " You face other people " in conduct propaganda work of cap of material, chef, staff is taken, the place such as menu, also used those who contain peach heart design " I? U of You Y ó " wait for designation of trade marks, had misdirect effect to consumer.
According to the evidence that shellfish respect provides on the west, the website is commented on to go up in the masses, many consumer left such as " Xi Bei's reprint " , " thinking is village of face of Xi Bei You " evaluation.
The masses comments on a website " like Xi Bei " evaluation
But the accused thinks, "I? U of You Y ó " the element is not accuser to be achieved formerly, versatility is very strong, be matched extensively at each industry domains, and of bright kitchen bright cooking stove decorate a style to be seen in everywhere of meal course of study, the company does not have tort.
Cognizance of classics of court of people of division of Beijing rising sun thinks, is You face other people used in management process " I? U of You Y ó " , " I? You (' ? ' embedded ' You face other people ' ) " the behavior that waits for a label, enroach on Xi Bei company " I? You " the trade mark right of brand; In the meantime, its decorate layout and Xi Bei company have taller consistency, make relevant public produces promiscuous mistake to both, make unfair competition.
On April 25, court of people of division of Beijing rising sun adjudges publicly: You face other people suspends brand tort and unfair competition action instantly, in " new capital signs up for " publish statement to remove an effect, compensate for pecuniary loss of Xi Bei company and reasonable defray to add up to 820 thousand yuan, bazaar assumes joint liability.
2. meal course of study blows the wind that make a holiday, mountain fastness also is not exceedingly meaning again
In quite long time, imitate, borrowed, mountain fastness, it is the disease of a kind of dense that meal course of study cannot eradicate almost, surpass home of Ba Nu, Mai Ken radical, grandmother to wait for the brand name that lets a person be between tears and smiles to appear continuously.
Adornment of inn of brand name, door, dish tastes a program to wait, card door inn always attracts customer, can become store of mountain fastness door " inspirational fountainhead " .
Doorsill of admittance of meal course of study is low, in legal consciousness general not be so strong period, borrowed, imitate more incidental. When those, very rare still brand chooses legal approach to solve, the person that talk things over is in the majority.
But after 2013, the course that meal estate company changes is accelerated apparently, the consciousness that ego protects increases, store did not open brand to be registered first, great strength makes a holiday later, had made general appearance; In the meantime, what connect as a result of iformation flow is smooth, liaoning somebody copied the meal brand of Guangdong, also meet be detected very quickly.
Sundry mountain fastness brand
Review this a few years, green tea dining-room was lifted 2016 " O2O thought fors the time being the first case " , the first batch sued those who include the much land such as Guangzhou, Hefei, Nanning, Guizhou in all 22 tort dining-room; 2018, small Long Kan will hit a holiday to regard year as the important matter, cleared inn of tens of domestic mountain fastness; Also be 2018, le Kai scatters Niu Dao to kill chicken, also hit store of a batch of mountain fastness; Before before long, the thought that lucky wonton initiates fors the time being, obtained fund of 3.2 million yuan of compensation.
Le Kai scatters the viewpoint of Chen Ning of author of pomegranate pizza to be able to represent person of a lot of meal: "From the brand square for, we are determined blow. To the protection of own brand, it is responsible to oneself not just, also be right the consumer, person do poineering work that cooperates to hope and you is responsible. Also be right the consumer, person do poineering work that cooperates to hope and you is responsible..
These brands that afore-mentioned thought fors the time being, obtained finally win the lawsuit. This also shows, borrowed, imitate, for the meal person of long-term to wanting to do life and vitality, not be the issue that price of a tall sex compares.
3. brand is registered prevenient,
Art design, decorate also can serve as a basis
From a few earlier green tea, to what thought forred the time being last year small Long Kan, Le Kai is scattered, down to just is taken win the lawsuit adjudicative Xi Bei, we discover authority of meal brand dimension has two main basises.
Above all, it is to include brand name, Logo necessarily inside registered trade mark, this is the delegate of the brand, it is an enterprise of long-term base oneself upon basic. Of course, speak of logy the mountain fastness infestation that bring about, we are OK grow the example that string together alley of tea of adduce happy event, small Long Kan, antler, lesson clearly is in eye.
Next, it is design of individual art work, decorate, borrowed make unfair competition easily. Although antler alley brand is abortive still,register, but in Fujian advance river, antler alley was encroached to sue shop of a few doors with art work copyright, got the support of court of people of advance river city.
Court of people of advance river city helps antler alley dimension counterpoise
Prevent by others enroach on, first requirement, it is to learn to protect oneself first, meal brand also is same. So, registered trade mark is imperative.
Register time, had jumped over earlier
Trademark law executes application prevenient give priority to, use prevenient for complementary principle, accordingly, prepare poineering meal person, should apply for registered trade mark ahead of schedule, had better be brand " appear " before submit application.
Person of a lot of meal does not pay attention to this in poineering initial stage, carelessly practice, crossed a level, sensory brand " want fire " , just want to want registered trade mark, the result discovers already by the person the swift-footed arrive first, it may be said as single slip may cause lasting sorrow.
Whether register, need professional judgement
Registered trade mark has strict regulation, be not say you apply for, can register certainly come down, accordingly, when application is registered, want to invite orgnaization of professional brand representative, make professional judgement.
Include to whether be accorded with " trademark law " the regulation about registered trade mark, whether to have had applied for prevenient, register prevenient identical or close brand, the prevenient right that whether violates other (be like " hot boiling water of moustache of square Great Harmony " ) etc, shun the brand that work laboriously makes, cannot register, cannot be protected and must change the risk of the brand.
The category that meal company brand must register
Person of a lot of meal registered trade mark when, make easily " the category is not whole " mistake, because registered trade mark expresses protection by commodity group, on the category that did not apply for, unavailable protection.
To meal enterprise character, the most important category, it is latest edition of course " similar brand and serve divisional list " 4301 kinds in:
But must not forget, besides 4301 kinds besides, still have a kind, basically produce class be you, also must want to register, with these a few years of limelight strong tea drink is exemple, the product belongs to this kind:
Meal company product basically distributings in 29-33 kind, ask meal person proper motion to check.
A lot of enterprises, because registered category not to eat to have a deficit greatly completely, "Bao master " it is a typical case. Mr Bao Caisheng registered 30 kinds of trademark, but however oversight 43 kinds, brought about a company to buy the 43rd kind from tripartite hand " Bao master graph adds a written language " brand, open wantonly join in, right card " Bao master " manage and development brought tremendous negative effect.
Authority of 4. brand dimension should be hit win, send you fist of a combination
Dimension authority is the process of force of a time-consuming bad news, but also have a few key, can help meal person save a few strength.
Hou Jifeng's lawyer of father of officer of Wu of law of senior partner, meal and his group sponsorred office of Beijing Kang Da's attorney case of authority of dimension of brand of company of many famous meal, include Le Kai to scatter pizza dimension authority, stage to build authority of dimension of tea with milk to wait, all obtained favorable dimension authority result, counterpoise to dimension of meal company brand, hou Jifeng's lawyer has a whole plan.
Register in advance, relevant brand class is whole register, art work applies for copyright, take law of do sth in the proper way to go up " umbrella " .
Begin from 2013, has village of face of Xi Bei You begun to use " I? You " mark, obtained the 16586956th on June 21, 2016 " I? You " registered trade mark.
Up to by 2015, each dining-room of village of face of Xi Bei You awaited the respect such as dress of area, have dinner area, kitchen division, employee to had been used outside inn relatively unified, the layout setting that has remarkable individuation feature.
These become above the powerful weapon with successful authority of dimension of village of face of Xi Bei You.
Secure testimony, through technical measure investigation obtains evidence, withhold enough tort evidence.
Village of face of Xi Bei You for the proof " You face other people " tort, carry notarial kind, secured a large number of testimony, include: Business of ① tort store door introduce placard; Region composition, fascia, desk and chair, business announcement expects outside ② inn; Antependium of lubricious pane of composition of ③ repast region, mensal, Gong Baishuang; The tort on the decorate inside ④ inn marks; Composition of ⑤ kitchen division; The tort on ⑥ employee dress marks; ⑦ is other, include desktop fan, bill of fare, outside polybag; ⑧ masses comments on circumstance of page of inn of the tort in the net.
Leakproof to the proof it may be said of tort circumstance, because this also won forensic support.
Lawfully thought fors the time being, include lawyer bargaining, administration to complain, civil suit and other way.
Mention thought fors the time being person of a lot of meal thinks to sue a kind of way only, consider oneself are not quite professional, a few people abandoned.
Actually, brand dimension authority can produce the ingredient such as expression of the ground, tort, urgent pitch according to tort behavior, choose lawyer bargaining, administration to complain neatly, civil suit wait for a kind or a variety of means undertake, as long as evidence is sufficient, the method is proper, all can get favorable dimension authority result.
