"Is tea colour view lubricious " accuse " is tea Yan Yue lubricious " tort? First instance adjud_MV

"Is tea colour view lubricious " accuse " is tea Yan Yue lubricious " tort? First instance adjudges: Subjective ill will is apparent

In Changsha

Inn of red tea with milk of a net

Queue up 1 hour

Drink tea 10 minutes

Unexpectedly somebody everyday a cup

Be very happy with it

"Tea colour watchs scene " company of banner of the name of a river in Shaanxi and Henan provinces of Guangzhou of person of trade mark right with Changsha " tea Yan Yue is lubricious " for brand tort, to the the Changsha City court of people of Yue Lu division is sued.

On April 8 afternoon, first instance of court of district of high mountain the foot of mountain made public open a court session to hear this case, adjudge on the court: Reject the entire lawsuit request of company of banner of the name of a river in Shaanxi and Henan provinces. The court thinks: Company of banner of the name of a river in Shaanxi and Henan provinces regards course of study of person of the same trade as competitor, behoove is witting " color of tea colour Yue " famous degree, but its still suffer let use registered trade mark " tea Yan Guan is lubricious " , be opposite as right brand with this registered trade mark " tea Yan Yue is lubricious " mention of brand tort appeal to, subjective ill will is apparent, violate honest credence principle, suit of company of banner of reason the name of a river in Shaanxi and Henan provinces requests to should not get the court supports.

Spot of front courtyard careful. Undertake judge: Guo Shu

Spot of front courtyard careful: Former defendant give tit for tat, stick to one's argument

Company of banner of the name of a river in Shaanxi and Henan provinces appeals to say

Subordinate " tea Yan Guan is lubricious " it is China the cafes that has force extremely serves a brand, in move tea drink to serve a domain to have extremely tall industry reputation and extensive customer base especially. And of Changsha " tea Yan Yue is lubricious " shop is inside its door head, inn adornment, teacup, pack, the much place such as the dress of towel of small bill, paper, clerk, cushion, used with its registered trade mark,

In form, sound, justice go up very similar

, model of written characters, form brand tort.

1 watch scene about tea colour

Company of banner of the name of a river in Shaanxi and Henan provinces begins to popularize from March 2017 " tea Yan Guan is lubricious " brand, endured in August 2018 let gain registered trade mark, . The merchandise category that brand check and ratify uses is 43 kinds, include cafe, cafeteria, restaurant, bar, cafes to wait, still be at present inside active term of service.

In May 2019, company of banner of the name of a river in Shaanxi and Henan provinces opened in Changsha " tea Yan Guan is lubricious " inn of tea with milk. Except use in door head beyond, its are in inside inn on the article such as the sheet of decorate, drink, cup, bag that pack used designation of trade marks all is

And

Meal of Yue of tea of Hunan of Lv fine accredit manages limited company to use its art work. Came in October 2015 between March 2018, tea Yue company applied for to register early or late, ,

Wait for brand. The merchandise category that brand check and ratify uses is 30 kinds, give priority to with beverage of tea, cake, coffee, tea, period of efficacy is 10 years.

About the focus 2

Basis " trademark law of People's Republic of China " the 7th regulation, application is registered and use label, ought to follow honest credence principle. Via checking, brand was registered the earliest in March 2008 by case alien Chai Mou, via Beijing limited company of representative of some intellectual property buys on sb's behalf make over another case alien, company of banner of the name of a river in Shaanxi and Henan provinces was made over again after. Before this brand is made over first, use a case actually what can prove brand without any evidence, consumer is witting degree not tall, the market is famous degree also not tall.

To it contrary, "Color of tea colour Yue " door inn opens business 6 years superabundant, already developed gradually become chain brand store, be approbated by broad consumer, draw much home media to dispute photograph report. "Color of tea colour Yue " brand also obtained uniqueness, significance accordingly.

In addition, the congener tea with milk that banner company opens in its used the name of a river in Shaanxi and Henan provinces to serve as inn approximately to enrol with registered trade mark in inn, be in more in door inn on adornment and network platform used as similar as registered trade mark