| Recently, the " WEN ZHI 1555" trademark that a source industry
limited company( brief name a source industry) application of Guangzhou
City register announces the period, the WEN ZHI food group limited company
of Guangdong thinks this" WEN ZHI " the trademark malice copy
made duplicate the oneself" WEN ZHI " trademark.Request the trademark
bureau to cancel the above-mentioned first step to approve officially by
law, don't register to the sanction.
" WEN ZHI 1555" trademark that a source industry limited company(
brief name a source industry) application of Guangzhou City register,
was approve officially by the first step of the national industry and
business administration management bureau trademark bureau( the brief
name trademark bureau) to pass, and at 900 period trademarks announce
up publish, international classification of trademark for Category 33,
assess and decide to use the merchandise to add( wine) for the wine( beverage),
fruit wine( contain the alcohol), wine, brandy, rice wine, volt, rice
wine, contain the alcohol liquid, white spirit.
According to ¡¶ the trademark method ¡· provision, in for 3 months of
period announce time, the relevant everyone can put forward the objection
to the declared trademark, drive objection the person carries on the rejoinder,
being justified whether the application registration is valid or not by
the trademark bureau finally.
Announce the period in " WEN ZHI 1555", WEN ZHI food group
limited company of Guangdong( call WEN ZHI 's group) as to it's put forward
the objection, think this" WEN ZHI " the trademark malice copy
made duplicate the oneself" WEN ZHI " trademark.This puts forward
the business enterprise of the objection only one, the claim trademark
bureau cancels the above-mentioned first step to approve officially by
law, don't register to the sanction.
An original common of trademark register the application, from here
living the great waves, causing the trademark between a business enterprise
of two of Guangdong it contend for.
The reporter knows recently, this case is taking up in the trademark
bureau currently." WEN ZHI " the destiny of the trademark exactly
how, two" WEN ZHI " of the different of same surname the business
enterprises all wait for a paper decide in the head .
The ãò state WEN ZHI is a well-known wine factory
Affair have to first from drive the registration of the objection trademark"
WEN ZHI 1555" person a source industry limited company(" a source
industry" of brief name) of Guangzhou City speak of.
A source industry is gathers the real estate, the cabaret amusement,
building materials to repair, food beverage, the wine product for integral
whole of group turn the company, underneath" Tian Yuan Longevity
Village" brand is a nation to do not need to check the product, a
trademark, food profession famous brand of Guangdong in Guangzhou City.A
source industry contain a subordinate business enterprise call the ãò state
WEN ZHI LAO3 the cellar wine factory, register to establish in 2002.
The state WEN ZHI LAO3 the cellar wine factory is the foundation of
the grand old wine shop in a hundred years up, the hardship that experiences
successively more than ten persons of WEN ZHI 's household start a business,
the recent years throws in again a well-known wine factory that the huge
sum develop, owning the cellar pond more than 200s of a hundred years
currently, the year produces 3000 tons of capacity for liquor above.Since
2002, that factory one after another registers the series to take to have"
WEN ZHI " the trademark of the word head, include" WEN ZHI LAO3's
cellar" etc..
The hour goes to the second half of 2003, a new" WEN ZHI "
that the wine's factory goes again the application registration the trademark
appear, namely" WEN ZHI 1555".WEN ZHI JIU3's industry rises
in 1555," " that it found," steam" the tradition to
make wine the method, has been follow to use up to now.The state WEN ZHI
LAO3 the cellar wine factory with" WEN ZHI 1555" writing and
pronounce, the blessing life sketch etc. the trademark that main factor
combine is finally the final text.
The trademark bureau in the national industry and business administration
management bureau accepts a source industry to register to the application
of the trademark" WEN ZHI 1555", and the first step approve
officially to pass, publishing in 900 period trademarks announce on October
21 in 2003.
WEN ZHI in Guangdong is a livestock farming business enterprise
Is a large livestock farming business enterprise group to the WEN ZHI
food group limited company of Guangdong that the trademark" WEN ZHI
1555" puts forward the objection, after 1983 establish, have already
develop to become the biggest meat of Guangdong chicken's produce and
supply the base.
At the earliest stage" WEN ZHI + sketch" trademark of WEN
ZHI 's group started use in 1993, registering the success in November
1995, ising approve to specify the merchandise( bamboo shoot can, chicken
soup can, the jelly meat, jelly chicken, jelly fish, egg article, edible
the plant oil) in Category 29s up the usage.
For the sake of the exaltation" WEN ZHI + sketch" brand popularity,
WEN ZHI 's group throws in the huge sum to carry on the publicity expansion
continuously.Return in several categories the application to register
at the same time.In July 2003," WEN ZHI + sketch" trademark
application affirms a trademark of Guangdong.WEN ZHI 's group think that"
WEN ZHI + sketch" has already be a know for the business enterprise
in the profession name of shop and trademarks in the society widely in
order to spread, consumer as to it's also very familiar know and approve.
After knowing the " WEN ZHI 1555" trademark of source industry
to enter to announce the period an an an an an an an an an an a day, January
of 2004, WEN ZHI the group entrusts the elite trademark business office
in Shenzhen City toward" the trademark objection reason book"
and parts of products sale data that the trademark bureau delivered to
a long 6 page papers to copy the piece to wait 6 enclosures.The reason's
book points out definitely:" WEN ZHI 1555" trademark and WEN
ZHI 's group from has the trademark to read that the sound, external appearance
look like, specify the merchandise of the usage similar, have already
on the similar merchandise constitute of look like the trademark.
WEN ZHI 's group carries on the ratio to two trademarks to, affirmed
the place of several main likeness:" WEN ZHI 1555" of a source
industry is a be constitute by two kinds of main chemical element combination
of writing and sketch of trademark, and the trademark of WEN ZHI 's group
also is to be constitute by" WEN ZHI + sketch", both are similarly
with the corpus that writing" WEN ZHI " is the trademark that
have no particular meaning.At the sketch aspect, an is oval an is a circular,
looking like very much on the visual effect.
The same surname leads the controversy
Soon, the form that a source industry by letter reply gives the response
after knowing WEN ZHI 's group to put forward the objection.
A source industry does not approve the parlance of WEN ZHI 's group"
your trademark look like", debating the oneself's basic nonexistent
copy, imitative behavior." WEN ZHI + sketch" of WEN ZHI 's group
onlies have the writing because" WEN ZHI 1555" of a source industry
is from the writing, pronounce, the blessing life sketch constitute,,
the Earth sketch, this" WEN ZHI " with that" WEN ZHI "
arranges from the writing, shape, whole structure etc. the aspect is totally
different, having a liking for to can not find the similar place to the
root, not easy make public brought about mistake on the source of the
merchandise recognize.
Besides, the trademark sanction usage of WEN ZHI 's group in the 29
merchandise, but the trademark of a source industry use the merchandise
scope as Category 33s.Although all is related with food, the former regard
the agriculture by-product solid food as principle, and then then main
in order to contain the alcohol liquid beverage, the merchandise category
has obviously do not, consume community, sale the outlets all exist the
difference.A source industry therefore denies to" look like"
determinedly on say.
Call according to the relevant personage of a source industry, in this
time trademark controversy, in fact the other party returns a knot bottom
is to two words of" WEN ZHI " in the trademark most sensitive,
think that a source industry think" take with the wind car","
borrow the good market prestige of the trademark of person of objection
to sell its product, thus obtain the illegal benefits of a huge sum of".
According to the understanding, the trademark writing creativity of
WEN ZHI 's group comes from the surname that that company initiates the
person.But is, the founder of a source industry is also, is have long
make wine the history of WEN ZHI 's household is after the person.
Two simple Chinese-" WEN ZHI ", say for source industry and
WEN ZHI 's groups of the day, its meaning already have not only been the
writing sign only.In their eyes, this is a kind of immaterial assets,
a kind of special resources, becoming the symbol of the business enterprise.
Ignore this trademark contends for the end" who's the winner",
it the aggressive meaning lie in, the intelligent property right of the
business enterprise of Guangdong the consciousness hases already feel
to come to, already deep knew that the brand strategy develops important
position in the process in the business enterprise at the same time.
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Date
Added:2005-08-23 
