After seven years! Jiangxiaobai wins the trademark war still belongs to Chongqing jiangxiaobai liquor industry

 After seven years! Jiangxiaobai wins the trademark war still belongs to Chongqing jiangxiaobai liquor industry

As for the ownership of this trademark, Tao Shiquan once said, jiangxiaobai is a brand he founded in 2011. In the first half of 2012, Jiangjin distillery was officially entrusted to carry out mass production. The marketing, sales and other links are solely undertaken by jiangxiaobai. At the end of 2012, the two sides began to have differences on the jiangxiaobai trademark. Jiangjin distillery claimed that Tao Shiquan was only its own dealer, jiangxiaobai brand should belong to Jiangjin distillery, and requested to cancel the later trademark registration. One of the evidences provided by Jiangjin distillery is that the two sides discussed the content of jiangxiaobais design draft in their emails, so as to prove that they participated in the design of jiangxiaobai. The background of the dispute is that jiangxiaobai has become popular all over the country with the positioning of youth wine.

The trademark has been declared invalid

Due to the disagreement between the two parties, in May 2016, Jiangjin distillery filed a request to the State Trademark Review and Adjudication Board for the invalidation of the trademark jiangxiaobai. In December 2016, the Trademark Review and Adjudication Board made a ruling on the application for invalidation of jiangxiaobai trademark (s.p.z. [2016] No. 117088) No. 10325554.

Since then, jiangxiaobai company refused to accept, and filed an administrative lawsuit to Beijing Intellectual Property Court, which supported jiangxiaobai company. In March last year, the Beijing Higher Peoples court revoked the decision of the intellectual property court, and jiangxiaobai company faced the situation of losing the jiangxiaobai trademark, which also aroused widespread concern of the society.

The Supreme Court ruled that jiangxiaobai belonged to

Jiangxiaobai company refuses to accept the second instance judgment made by Beijing Higher Peoples court and applies to the Supreme Peoples court for retrial. The Supreme Peoples court held that the evidence provided by Jiangjin distillery was not enough to prove that it had used the trademark in dispute earlier. In addition, although Jiangjin distillery has a distribution relationship with xinblueprints, the sales contract of customized products between the two parties stipulates that xinblueprints does not enjoy intellectual property rights in terms of product concept, packaging design, advertising pattern, advertising language, marketing planning scheme, etc. of customized products. The application for registration of jiangxiaobai trademark by xinblueprints does not damage Jiangjin distillery Right, evidence such as emails exchanged during the cooperation between Jiangjin distillery and xinblueprint company proves that the name of jiangxiaobai and related product design were put forward by Tao Shiquan, the legal representative of xinblueprint company at that time.

The Supreme Peoples court thus held that before the application date of the trademark in dispute, jiangxiaobai trademark was not the trademark of Jiangjin distillery. According to the sales contract of customized products, Jiangjin distillery did not enjoy intellectual property rights for customized products except for its registered trademark Jijiang. The application registration of the trademark in dispute by xinblueprints did not infringe the legitimate rights of Jiangjin distillery It does not violate the provisions of Article 15 of the Trademark Law of 2001. The Supreme Peoples court made a final judgment, revoking the administrative judgment of Beijing Higher Peoples Court (2018) No. 2122 of Jinghang Zong, and maintaining the administrative judgment of Beijing Intellectual Property Court (2017) No. 1213 of jing73 xingchu.

Industry views

Protecting the rights and interests of the founder of the trademark

The reporter of Beijing Youth Daily learned in the interview that many wine industry tycoons have been on the side of jiangxiaobai company in this trademark dispute.

People in the industry said that nowadays, it has become the consensus of many liquor enterprises to let young people accept liquor through dislocation marketing, and the origin of this idea is jiangxiaobai. With this contribution alone, the rights and interests of the founders should be protected.