SMILE
Life unlike imagines so well
Life unlike imagines so flooey
From " Bao master " red after alling over the whole nation, the controversy about true and false never overblown. In March 2018, countrywide emerge in large numbers inn of mountain fastness of master of on 1000 Bao, let father Bao Caisheng can't bear its faze. But because of " Bao master " label presence controversy, the unusual hardships that the route that his thought fors the time being goes. Nowadays, its eventuate changeover, in the lawsuit of 18 brand tort that in its the whole nation initiates, have 4 cases obtained win the lawsuit, have 3 cases obtained mediation. Meanwhile, the amount of inn of countrywide mountain fastness is decreasing quickly, chongqing also a few 20 from peak period, acute was decreased almost half.
And of dispute of body defect trademark is not only " Bao master " , still have Chongqing special local product " Chen Ma is beautiful " , and " antler alley " , " answer tea " card of drink of black tea waiting for a net. "Bao master " brand dimension authority obtains level sex to win, the person that achieve formerly to other trademark, sense of what kind of enlightenment is there?
"Bao master " dimension authority obtains changeover eventually
"Countrywide mountain fastness has on 1000, straight battalion inn has 38 only. Not thought fors the time being, mountain fastness inn may ' swallow ' drop true inn, thought fors the time being, the throughout the country's so big range and amount, take time is arduous, let us be in a dilemma. " recently, wu Ke comes to the deputy total moustache that Beijing Bao just gets the better of meal management limited company to be in charge of law Wu to Chongqing, upstream journalist told about the road that legal thought of nearly one year fors the time being.
Mention " Bao master " , a lot of people can contact small shellfish of delicate dried meat floss. 2004, be born in " the countryside of Chinese biscuit " the Bao Caisheng of Jiangxi resource founded in Beijing " Bao master " brand, because program of first gear cate has his moment, made a capital famous and fastfood. 2017, bao Caisheng opened store Shanghai, became popular topic because of the time queueing up of train in excess specified length again, from now on fashionable whole nation, a gleam of of body of as collective as the tea that is fond of snow of tea, Nai ascend " the net is red " .
As a result of " careless root " one's previous experience, the brand when those protects consciousness to be lacked relatively, bao Caisheng just applied for to register 2013 " Bao master " 30 kinds of brand, content includes cake, cake, biscuit to wait. And make straight run only, do not join in external, countrywide door store is at present only 37. And the brand that the brand that another Beijing Yi Shang meal managed limited company to registered 32 kinds to include beer, mineral water, tea with milk to wait 2015 includes cafeteria, dining-room to wait with 43 kinds, above all is twice " Bao master " the combination of character, phoneticize and head portrait, and 30 kinds of brand that have head only. This company opens to the outside world join in, already expanded store of 500 more than door in the whole nation at present.
Because two companies are had severally not congener " Bao master " brand, bao just gets the better of a group for a time dimension advantageous position is quite difficult. And was in Wuhan one case when happen to join in inn employs person incident queueing up in May 2018, complete become acute this one contradiction, let them realize should accelerate dimension authority action, formulate more perfect dimension authority strategy. To this, introduced from the northern and western nationalities or from abroad Wu Ke tells upper reaches journalist: "At present our dimension authority divides a pace, the first, to Yi Shanggong department is climbed add brand to mention to brand total bureau discuss different; The 2nd, the door inn that complains executive brand tort to market supervisory management department; The 3rd, collect conserves tort door inn and evidence of Yishang company tort, mention to the court bring a case to court appeals to; The 4th, strive for win the support that terrace sells outside waiting for tripartite, let tort inn changes shop sign or get offline. Let tort inn changes shop sign or get offline..
The dimension authority action of this impetus huge gained the attention of all circles, also caused the attention of concerned branch at the same time. Be in 315 during, the case that Bao master thought fors the time being ever regarded the model that protects to intellectual property as case, be reported by much home media not only, the industrial and commercial branch of partial area undertakes actively still investigating to tort inn. He introduces, the company is already at present right of Beijing Yi Shang join in business initiated lawsuit 18 cases, be opposite additionally inn of 61 tort inside countrywide limits has been finished conserve reach the flow that send letter, prepare to lodge a complaint. In showing 18 of level to sue, oneself have 5 cases obtain win the lawsuit, 3 obtain mediation, all decide for brand tort, win 400 thousand yuan of compensation in all.
And the mark wears what dimension authority battle obtains level sex to win, still have the two adjudication book that comes from a country to be versed in brand of business administration total bureau evaluates committee. The scanning that the reporter just got the better of firm department to obtain book of these two adjudication from Bao, limited company of management of indication Beijing Yi Shang meal mixes the 17899096th the 17899060th number " Bao master Bao Shi Fu and graph " brand (mix 43 kinds 32 kinds namely) , be disabled by the ruling. These two brand are the core brand when Beijing still enrols business easily to join in, with Bao Caisheng company place has " Bao master " 30 kinds of cake kind brand cent belongs to distinct category, stronger to joining in business is had puzzle quality.
Chongqing tort inn shuts close in part
As " Bao master " dimension authority acts spread out, the mountain fastness phenomenon that spreads ceaselessly puts delay somewhat, large quantities of tort inn begin to shut. The reporter understands, in Bao master straight battalion inn is entered before be stationed in Chongqing, can search many 20 " Bao master " . The United States is at present round, comment on go up to already did not search these door inn, and according to visitting discovery, the amount of inn of Bao master tort already decreased almost half.
In September 2017, times day market appeared Chongqing is the earliest " Bao master " , be Beijing Yi Shang join in inn. This inn ever had appeared to discharge cue phenomenon greatly in summit summit period, even a furnace is sold one sky. Nevertheless, in November 2018, this inn has been removed, to reason of put up the shutters this inn boss rejected to interview, and disclose according to personage of know the inside story, this boss had abandoned " Bao master " , turn and act as agent other trademark. The personage inside relevant course of study expresses, this inn is removed should belong to a sale to was not achieved anticipate, be in original fresh period later, because situation is more devious, those who come round to buy is main to take the crowd of working eat midday, integral passenger flow is opposite less.
Of tort " Bao master " already put up the shutters
In addition, city of new smooth scope of operation, every phenomenon, Na Ping assist the Bao master of and other places of moon of letter, day joins in inn already all also was shut, centered 2018 bottom and at the beginning of 2019. To this, chief tells a reporter related Bao Caisheng company: "Our counterpoise is celebrated ' Bao master ' brand tort made preliminary investigation, still have action of tort of existence of at least 8 inn at present, if sequel did not suspend tort action, will take dimension authority step. Will take dimension authority step..
According to relevant report, in the dealer of 7 Beijing Yi Shangjia alliance that in Bao Caisheng the company sues, nanjing manages Bao master to join in Ms. Liu of inn loses a lawsuit, she tells a court at managing Beijing Yi Shanggong in October 2018, the concessionary management contract that the requirement removes to be signed with Yishang company, return join in expend 60 thousand yuan, the brand tort compensation that compensates for its to pay Bao Caisheng the company wait 50 thousand yuan. The reporter checks understanding to arrive from weather eye, this case does not have jurisdictional reason out of court because of local court.
"Bao master " controversy of series label presence, the manner that Beijing Yi Shanggong manages is quite ambiguous however. The name that the reporter seeks advice from with joining in called the hot line enrolling business of this company website, relevant staff member tells a reporter, join in the standard inn charge of a 15 square metre is 98 thousand yuan, join in the flagship store of 30 square metre is 198 thousand yuan, as to trademark dispute " without any influences, existence controversy is very normal " . But according to the exposure before this join in business is appealed to tort case, change the risk of card and compensation besides existence, join in cost is chased after possibly also repeatedly even do not come back.
It is difficult that brand dimension authority has many?
In Chongqing magnetism implement mouth, have numerous last name " old " fried dough twist, letting person cent who be clear about just is authentic " Chen Ma is spent " . May 2018, chongqing city magnetism implement buccal Chen Ma spends food limited company to announced to obtain many kinds " Chen Ma is beautiful " registered trade mark, "Chen Changyin " authentic " old fried dough twist " the name got of law approbate.
The reporter visits discovery before this, exist not only " Chen Changyin fried dough twist " , " Chen Jianping fried dough twist " , " Chen Ma spends old street " wait for brand shop, be like,many Chongqing specialty store also sell Chen Changyin, Chen Jianping, Chen Wengui, Chen Wenjian, chiliad old wait for a brand. Nevertheless, regard Chongqing as company of the first fried dough twist, have many kinds at the same time " Chen Ma is beautiful " registered trade mark, this company still is spent by other hemp business door told a court. Reason is " these trademark that Chen Changyin registers, be not it is a purpose with be being used actually, the intent is exclusive and all the resource with business mutual door, and with brand special right is a method, the person that hit a person of same business. The person that hit a person of same business..
Once, chongqing city magnetism implement limited company of beautiful food of buccal Chen Ma because " Chen Ma is beautiful " it is a general designation fail to register a success, later as " trademark law " edit, "Chen Ma is beautiful " be maintained to be did not register well-known logo, be able to register a success. Because touched other hemp the increase that spends business door, requirement court is maintained afresh " Chen Ma is beautiful " for current name, oneself did not encroach the intellectual property that Chen Ma spends Chen Changyin. Compared with Chen Changyin fried dough twist ever registered a success " Chen Ma is spent " , have his moment because of bolus of black candy deer " antler alley " unfavorable situation is more awkward.
Come out for a time more the name is " antler makes fun of " , let father Qiu Maoting must clarify to media, antler alley not more renown. Mountain fastness brand performed a good play, however drag in goes out " antler alley " what the brand of backside registers is painful. The reporter inquires discovery, at present the application record of antler alley brand has 407, qiu Maoting on August 1, 2017 with " antler alley THE ALLEY DA " submit application for registered trade mark, but experienced for many times however reject and demur, arrive from August 2017 accordingly in March 2019, brand condition still is examined to await essence.
As we have learned, qiu Maoting is in " antler alley " virgin at the beginning of, without registered trade mark, gave mountain fastness brand an opportunity that can be exploited to sbs advantage consequently. And brand is registered examine and approve flow to be as long as 1 year, also put in variable during this, be grabbed easily to note by other trademark. Accordingly, the emerge in large numbers on the market numerous " antler alley " door inn, go up in product type and mark design almost very much the same. Current, comment on in the masses on input " antler alley " can play give 80 results, the antler alley Chongqing of straight battalion is only 3.
Brand problem should avoid edge ball psychology
Chongqing senior partner tells some attorney office the reporter: "Take intellectual property protection seriously with each passing day as the country, brand is registered add prepositive, suffixal etc draw near the behavior of famous brand, and use close it is word, unisonant word, easy to add phoneticize, number to wait promiscuous means registered trade mark, put in particular risk, very difficult repass. very difficult repass..
He points out, join in business should avoid to call the fluky psychology of edge ball, had made the industrial and commercial inquiry that register at the same time, check join in the main body of the brand manages an unit to whether agree. "Once brand by cancel or maintain invalid, imply cannot reuse this brand, the businessman that passes this trade mark to using, the actual loss that very difficult computation brings accordingly, it is difficult to and undertake to accredit company retrorse thought fors the time being also comparative. It is difficult to and undertake to accredit company retrorse thought fors the time being also comparative..
Bitter fleabane of Zhu Dan of analyst of Chinese food industry thinks: "Whole web is at present red kind of tall hair that the brand had entered trademark dispute period, the act that the country protects to intellectual property is accelerating be born. Face knowledge as policy layer
The attention that property right protects, the detect of this kind of case does speed and strength to all be accelerated somewhat, at the same time the adjudicative time of trademark dispute also is shortening.
He suggests, the key that avoids brand issue depends on founding the protective consciousness that is about to have intellectual property when the brand, go matching a net red of kind of brand commercialize operation. After doing good design carrying a layer on the head, ability makes a person with high aspirations and determination does not have an opportunity given by. "Bao master waits for the frequency of trademark dispute case to send, to other the person that do poineering work offerred very good caution action and experience lesson, the brand develops should brand go ahead of the rest. The brand develops should brand go ahead of the rest..
Editor / Zhong Ying
Origin / upriver news
Graph / network
Toward period wonderful reviewing
Be miserable! Explosion of saline city chemical plant already caused 47 people death, president of experience thing company ever obtained punishment because of polluting environmental blame
OMG rests 4 days repeatedly! You want " 51 " small long holiday came oh!
Pupil is written into the composition to report a case to the security authorities after network bilk by, recover unexpectedly be cheated 988 yuan
