What do you think of when you see the four words a Jing Teng Bai? In 2018, a company submitted an application for the registration of the agingtengbai trademark, and there were 45 full categories.
At first glance, the trademark is sound, and there is no similar trademark after inquiry. But if we observe carefully, we will find that ajing Teng Bai is exactly the first word of four famous enterprises in China, Ali, Jingdong, Tencent and Baidu.
After monitoring that other companies have registered all kinds of ajingtengbai trademarks, Alibaba, Jingdong, Tencent and Baidu quickly took action and jointly entrusted agency companies to file an objection application to the Trademark Office for 45 ajing Teng Bai trademarks.
On August 25, 2020, the result of the objection was finally released. According to the provisions of Article 10, paragraph 1 (8) and Article 35 of the Trademark Law of the peoples Republic of China, the State Intellectual Property Office ruled that the 45 trademarks involved in the ajing tengbai trademark objection case were not approved for registration.
Baidu, Ali, Tencent, Jingdong joint appeal
Ajing tengbai trademark will not be approved for registration
According to the agents of Ali, Jingdong, Tencent and Baidu in this case, on May 11, 2018, a company in Meizhou applied to the Trademark Office for the ajing tengbai trademark, with all 45 categories applied. After inquiry, the first batch of the 45 ajing Teng Bai trademarks was announced on November 20, 2018. The announcement time of the second batch of preliminary review is November 27, 2018. The notice period of the first batch of agingtengbai trademarks will expire on February 20, 2019, and the second batch will also expire on February 27.
After monitoring the ajing Teng Bai trademark, Tencent Technology (Shenzhen) Co., Ltd., Beijing Jingdong three hundred and sixty degree e-commerce Co., Ltd., baidu online network technology (Beijing) Co., Ltd. and Alibaba Group Holding Co., Ltd. jointly entrusted relevant companies to file an objection application to the Trademark Office for 45 ajing Teng Bai trademarks. The agent submitted 45 trademark objection applications to the Trademark Office on February 18, 2019.
On August 25, 2020, the State Intellectual Property Office issued No. 3080852, 30846909, 30841883, 30860940, 30860611 and 30846312 in the ajing tengbai trademark registration decision. According to the decision, all 45 ajing tengbai trademarks applied by Meizhou Xindu Technology Industry Co., Ltd. were not registered.
The State Intellectual Property Office of the peoples Republic of China has decided that the objected has the intention of making improper use of the opponents market reputation, and his application for registration of the objected trademark is detrimental to the order of fair competition and easy to have adverse social impact. According to the provisions of Article 10, paragraph 1 (8) and Article 35 of the trademark law, the object trademark shall not be registered.
According to Article 35 of the trademark law, if the objected party is not satisfied with the decision, he may apply to the State Intellectual Property Office for reexamination within 15 days from the date of receiving this decision.
According to the Southern Metropolis Daily, on August 28, the lawyers representing Ali, Jingdong, Tencent and Baidu in this case introduced to the reporter that, from the professional perspective of trademark registration, although the ajing Teng Bai trademark passed the examination and entered the preliminary trial announcement, it does not mean that there is no problem with the trademark. After entering the announcement, there is an objection procedure. If the relevant obligees see it, they can apply to the Trademark Office for trademark objection. In this case, the trademark ajing Teng Bai has the intention of being near the famous brand and free riding, which is easy to produce other adverse effects mentioned in Article 10, paragraph 1 (8) of the trademark law.
If there are problems in the quality of products and services related to the trademark, it may involve the relevant companies referred to by the trademark; if it is not used after registration, it may also bring potential risks to the relevant companies from the perspective of brand management. The lawyer said.
The boss involved was once restrained from high consumption
According to the Chinese trademark website, the applicant for the ajing Teng Bai trademark is Meizhou Xindu Technology Industry Co., Ltd., which has 53 trademarks, 45 of which are ajing Teng Bai trademark.
Qixinbao shows that Meizhou Xindu Technology Industry Co., Ltd. was established in November 2007 with a registered capital of 20 million yuan. Business scope includes: E-commerce; business information consulting services; import and export of goods or technologies (except those prohibited by the state or involving administrative approval); freight business; Internet software development; Internet technology, smart home system, new energy research and development; automatic mahjong machine and accessories.
Zhou HanKun holds 99.5% of the companys shares, which is the actual controller and the legal representative of the company; Zhou Hongmei holds 0.5% of the companys shares.
Qixinbao shows that in addition to being the actual controller of Meizhou Xindu science and Technology Industry Co., Ltd., Zhou HanKun is also the only shareholder of Meizhou kelaikexiang Ecological Technology Co., Ltd.
Meizhou kelaikekekexiang Ecological Technology Co., Ltd., with a registered capital of 15 million yuan, was established in July 2014 and belongs to the wholesale industry. The business scope of the company includes: primary processing and sales of agricultural products; agricultural planting; agricultural scientific research; food sales (including health food); sales: building materials, etc.
Meizhou guest to Ecological Technology Co., Ltd. has been sued for online shopping contract disputes. In January 2017, Meizhou guest to eco technology Co., Ltd. was fined 200 yuan by the State Administration of Taxation of Meixian District, Meizhou city for losing invoices.
It is worth noting that the notice on the implementation of Zhang Baohuis business contract dispute execution published by China judicial document website in December 2019 shows that the civil judgment (2018) GUI 01 min Zhong No. 1606 issued by Nanning intermediate peoples court according to law in the case of the dispute between Meizhou guest to guest eco technology Co., Ltd. and Zhang Baohui has taken legal effect.
Zhang Baohui, the executor, applied to the peoples Court of Xingning District, Nanning City, Guangxi Zhuang Autonomous Region on June 12, 2019. According to relevant regulations, the court ordered meizhoukelaikexiangxiang Ecological Technology Co., Ltd. to perform the following obligations: first, pay 3812 yuan of execution fee and debt interest to Zhang Baohui; second, pay double debt interest (delay) to Zhang Baohui The third is to bear the application fee of 50 yuan; the fourth is the obligation determined by other effective legal documents.
According to the consumption restriction order of the peoples Court of Xingning District of Nanning City, Zhou HanKun, the legal representative, the main person in charge, the person directly responsible for the debt performance, and the actual controller of Meizhou guest to guest eco technology Co., Ltd., was once restricted from high consumption.
There are so many scissors hand trademarks
Similar to a Jing Teng Bai such as scissors hand goods have happened many times. There are also examples of successful registration:
Shenzhen Weidi Electric Appliance Co., Ltd. applied on June 11, 2014. The application was rejected and rejected, and the trademark was invalid.
Jilin zhenghedao Catering Management Co., Ltd. applied for registration on August 25, 2017.
Ningbo Kaimu e-commerce Co., Ltd. applied for registration on October 31, 2019.
Shanghai Bida Construction Engineering Management Co., Ltd. applied on January 8, 2019. The application was rejected and rejected, and the trademark was invalid.
Editor: he Xiaotao, Du Hengfeng, Du Bo
Source: Qiao JunJing, editor in charge of daily economic news_ NBJ11279