Guangzhou daily dispatch (Lin Lin of entire media reporter) yesterday, group of Maotai of doubt of constitution having intermediary announces to recall " country wine Maotai " after brand administration contentious case is sued, still continue to use " country wine Maotai " model of written characters. The reporter sees, the advertisement on homepage of Guizhou Maotai Inc. still is used " country wine " model of written characters, "Country the pillar of country of wine Maotai · " commonweal plan also is being advanced.
On August 13, maotai group is released in official website " recall about application " country wine Maotai " the statement that brand administration contentious case sues " , announce Maotai group decides to apply for to recall to court of Beijing intellectual property lawfully " country wine Maotai " brand administration contentious case is sued, say " to national brand evaluation committee review a case decides, we are respected adequately, also be happy to accept. Also be happy to accept..
The origin of incident is Maotai group applies for to register " country wine Maotai " , on December 31, 2016, brand bureau does not grant to register, the application that reason is this one brand is registered disobeyed " trademark law of People's Republic of China " (the following abbreviation " trademark law " ) the 10th the first (8) " have other and undesirable effect " regulation. On January 13, 2017, maotai group offers reexamine application to trade commissioner, hope this one brand can be obtained register. On May 25, 2018, trade commissioner makes reexamine decision, do not grant approve is registered.
Bitter fleabane of Zhu Dan of analyst of Chinese food industry thinks, these activities should be Maotai company is good with respect to the plan before nolle prosequi, the mobile name before eye forward position was used will publicize, with be being explained somewhat to the partner, should be resource configuration and the expression that publicize lag, and just serve as conduct propaganda with, do not use at brand. Look in him, the practice of Maotai can be called to avoid the important and dwell on the trivial and hit edge ball.
Niu Enkun of bright sword advisory general manager thinks the brand shop of Maotai is a country wine Maotai, historical inheritance comes down, brand did not register a success, it is not OK to do not represent with " country wine Maotai " have transmission: "Always Chinese wine can be called ' country wine ' , but want consumer to approbate ability travel, just be right country wine. Just be right country wine..
The reporter concerns chief to understand the reaction of pair of this things to Maotai company through company of Maotai public relations, but connection still was not acquired before stalking of grain to cut. Guo Chaoren of president of agency of provincial engage by special arrangement of Guizhou Maotai Guangdong says, "Country wine Maotai " did not register a success, cannot not use on behalf of Maotai company " country wine Maotai " model of written characters: "Company of this delegate Maotai cannot be used alone ' country wine ' name just, ' country wine ' not be the trade mark that gets protection, also applicably at other trademarks, maotai company uses be problem of it doesn't matter. Maotai company uses be problem of it doesn't matter..
And Liang Chao of general manager of strength of knowing and doing thinks Maotai is registered without the success " country wine " cannot use these model of written characters, it is flicker deceit consumer otherwise: "If Maotai continues to use ' country wine ' be not punished however, so country large quantities of one brewery meet follow-up is used ' country wine ' concept, for instance what ' aroma country wine ' , ' new nation wine ' be in come out in succession, such markets can'ted bear with respect to meeting disorder. Such markets can'ted bear with respect to meeting disorder..
Lawyer viewpoint
Use " country wine " model of written characters lets person generation easily associate
Guangdong Pacific Ocean combines attorney office Dong Yidong's lawyer to think, brand registers out of court to have 3 kinds of cases commonly, the first kind is to violate trademark law the 10th prohibits sexual regulation, the trademark that rejects for reason with this clause cannot be used; The 2nd kind is to violate the regulation that trademark law conflicts 30 times with prevenient right, the brand of out of court also cannot be used; The reason of the 3rd kind of out of court is to disobey trademark law eleventh the provision that lacks significance, the enterprise can choose to whether be used, but continue to use without too great sense, suggest the enterprise is used no longer commonly. "Country wine " out of court is to be based on trademark law the 10th regulation, have beguiling sex and false propaganda effect namely, accordingly not only cannot give register, also cannot use as brand. Trademark law makes such provision, because this kind is taken,be " country " the trade mark that the word adds commodity name lets consumer generation easily in using a process actually associate, think to commodity is appointed by national government sector or represent a state, contain beguiling sex, harm the interest of competitor of industry of other person of the same trade, disturbed and normal market order, for this, the country is industrial and commercial total bureau began the special operation that has hitting to this kind of behavior technically June this year. Look in him, maotai group is in registered trade mark " country wine Maotai " still continue to use after out of court, violated regulation of our country relevant law.
Beijing is filled with division (Guangzhou) the analysis weighs Fan Xiaoqian of lawyer of attorney office intellectual property, be in our country, whether is brand obtained registering is not the requirement that its use, brand obtains approve to register mean can obtain law to protect; Maotai company continues to use " country wine " 2 words, likelihood the intent is nonfeasance brand uses or as what did not register brand uses: "They are denotive in statement ' accept ' just accept trade commissioner not to grant to register ' country wine ' the ruling of brand, and recall be in Beijing to trade commissioner the prosecution of intellectual property court, do not accept on behalf of its use no longer ' country wine ' these two words. " look in her, the character that did not register or label also can be used as brand, and Maotai group thinks to be not at present likely will " country wine " use as brand.
Nevertheless, she thinks, if Maotai continues to use " country wine " 2 words, may draw a trade inside complain or sue of other company, think its make unfair competition: "Right ' country wine ' the definition is not legal level, but in the use in Maotai and conduct propaganda, ' country wine ' it is certain to contain ' national level wine ' ' character reachs national level ' meaning or associate, go against market fairness to compete. Go against market fairness to compete..
