The merchant sales "Xinyang Mao Tei" was confined, Xinyang Lin Tea Bureau: Zhengwei Rights, Authorized Free

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The merchant sales "Xinyang Mao Tei" was confined, Xinyang Lin Tea Bureau: Zhengwei Rights, Authorized Free

2021-12-01 12:08:42 47 ℃

Recently, the topic of "Xiaoyao Town Nutong Tang", "Shao Guanzi", "Korla Pears" trademark rights, many times on the hot search. After the media report, the Nutong Tang Association "Trademark Rights" was stopped, and the Shaoguan Meat Association apologized and said immediately stopped the rights of the national operator. The Korla Pear Association said that the association normal rights protection, there is no situation in suing.

At the same time, the "Xinyang Mao Tei" trademark violation dispute also triggered concerns. A business household in Dongguan, Guangdong, reflected in the www.thepaper.cn, and he was sold by the Xinyang City Tea Association in Henan Province by the Sale of "Xinyang Mao Tei" by the Xinyang Tea Association, claims 30,000 yuan.

In this year, on November 30th, a staff member of the Tea Industry Development Center of Xinyang Forestry and Tea Industry Bureau, Xinyang City, Henan Province, told the news, with "Xiaoyao Town Nutong Tang", "Shaoguan Meat Clamp", this is The Xinyang City Tea Association conducts normal trademark rights, similar to "Kurlari pear". If the merchant needs to use the "Xinyang Mao" trademark, you need to authorize the Xinyang Tea Association. "Product (tea) comes from Xinyang, which is in line with Xinyang Maoji standard to apply for authorization to the association." The staff said that the application authorization does not need to pay any fees.

Merchants sell "Xinyang Mao Tei" is claimed 30,000 yuan

Mr. Zhou, who sells bulk tea in Dongguan, Guangdong, told the news, five years ago, he began to do tea trading. In 2020, he sold a bulk tea in the internal rental of Houjie, a supermarket in Dongguan City, including tea in Xinyang Maoji, Tieguanyin and other tea. "I brought the goods from the dealer, the Mao's pointed is a letter." Mr. Zhou said that he sold the tea of ​​Xinyang Maojian, only when the product name is used, and it is not used as a trademark. But this year, Mr. Hu, the actual operator of the supermarket, was prosecuted by Xinyang Tea Association to infringe the trademark.

"Because (tea) is my thing, I need me to solve it." Mr. Zhou said that Mr. Hu has commissioned him to handle. In August this year, he received a letter of mediation in the predecessor of the Second People's Court of Dongguan, but he did not go to mediation. After 3 months, on November 1, he received the summons of the Second People's Court of Dongguan, and the notice will be held on December 9.

Mr. Zhou is sold by the "Xinyang Mao Tei" that is referred to. Reviewer for map

Mr. Zhou showed a civil prosecution from Xinyang City Tea Association. In July this year, the Xinyang City Tea Association was prosecuted by the trademark of trademarks, requiring the court to order: First, ask to stop selling and destroyed The inventory "Xinyang Mao Tei" infringement products, the second is that the compensation economy lost 30,000 yuan.

The aforementioned civil prosecution said that the prosecutors of Xinyang Tea Association No. 3047772 Registered trademarks, "Xinyang Mao" Geographical Sign, the transcript of multi-year promotion and management, the defendant implemented the act of the plaintiff's economic loss, Comprehensively, the behavior of the defendant belongs to the obvious violation of the trademark right, has abnormality, harming the legitimate rights and interests of the plaintiff.

According to the prosecution, the plaintiff found that the defendant shop has a large number of products that are marked with "Xinyang Mao". According to the violation products purchased by the plaintiff, the product packaging highlights the "Xinyang Mao" logo, but the product quality is poor, the packaging is simple, and does not meet the requirements of the product quality. Accordingly, the plaintiff believes that the defendant has unauthorized the use of the plaintiff's geographical indication of the plaintiff to prove the original registered trademark of the plaintiff.

On November 30, the news was informed from the Xinyang Forestry and Tea Industry Bureau of Xinyang City, Henan Province. The bureau has been concerned that the merchant has been intervened by the case of selling "Xinyang Mao". A relevant staff told the news that the trademark infringement involved in "Xinyang Mao Tei" is different from "Xiaoyao Town Nutong", "Shaoguan meat clip", Xinyang's Mao Tei belongs to local protection products, only in specific geographies Called as "Xinyang Mao". Similar products produced in other regions cannot be called "Xinyang Mao", which belongs to counterfeit and infringement.

On the same day, a staff member of the Tea Industry Development Center, the aforementioned Forestry and Tea Industry Bureau, told the news. If you use the "Xinyang Mao" trademark, you need to authorize the Xinyang Tea Association. "Product (tea) comes from Xinyang, which is in line with Xinyang Maoji standard to apply for authorization to the association." The staff said that the application authorization does not need to pay any fees.

There is a court to order the supermarket and tea village compensation for more than 7,000 yuan.

The information found in the National Intellectual Property Office, the "Xinyang Mao Tei" trademark is proved by the Xinyang City Tea Association in 2001, the type of trademark is certified, and the dedicated duration is March 13, 2023, 2013.

"Xinyang Mao Tei" trademark search results screen capture. Image Source: Network

According to the Trademark Law, it is proved that the trademark refers to the organization controlled by an organization that has supervisory capabilities for a certain commodity or service, and the unit or individual other than the organization is used for its goods or services to prove the goods or services. Original place, raw materials, manufacturing methods, quality or other specific quality signs.

Industrial and commercial information shows that the Xinyang City Tea Association, the Xinyang City Tea Association, is established, and established in 1991, the business executive unit is the Xinyang Forestry and Tea Industry Bureau. In recent years, Xinyang City Tea Association prosecutes in Guangdong Zhongshan, Shanghai, Hubei, Wuhan and other places, tea companies, and the legal proceedings involved in the legal proceedings involved. For example, according to the Intermediate People's Court of Baotou City, Inner Mongolia Autonomous Region November news, in August 2020, Xinyang City Tea Association found a "Xinyang Mao" in a supermarket and 10 tea villages in Kunk District. Subsequently for these supermarkets and tea villages After authorized "Xinyang Mao Tei", the behavior of the tea is evolving, and after the notarization process of the forensics, it is required to stop the court to stop selling tea products with "Xinyang Mao", and compensates economic losses. . The case was sentenced to a supermarket and 10 tea houses in Kunk District after the autonomous region's high school, and 10 tea products in Kunk District were stopped, and their compensation applied for the implementation of the Xinyang Tea Association for 7043.20 yuan.

The staff of the aforementioned tea industry development center said, "Xinyang Mao Tei" rights protection is similar to the "Kurla pear" trademark rights.

新闻 Previous report, hundreds of fruit merchants from Luoyang City, Henan Province, claimed to use the "Kurla pear" trademark because of selling pear, and was prosecuted by the Xinjiang Bayuo Guo Mongolia Autonomous Prefecture. In this regard, November 26, the WeChat public number of the Kurla Pembar Association declare that the association belongs to social groups, and is non-profit organization, and there is no status of normal rights protection.

Shanghai Daxian Law Firm Lawyer Tour Yunting, according to my country Trademark Law compensation. If the merchant sells a pear from other origins with the name of "Korla Pear", this practice affects both trademark-specific rights, and harm the legitimate rights and interests of consumers. In this case, the Kurla Pembar Association is just right.

According to the report of the People's Daily Previous analysis, if it is not from Korla, it is not possible to mess with "Korla Pears", otherwise it will cause consumers to confuse the misunderstanding, and the approximation is not. According to my country's Trademark Law, if the merchant sells a pear from other origins with the name of "Korla Pear", this practice has infringed the rights of trademarks and harms the legitimate rights and interests of consumers. In this case, the Kurle Pembar Association conducts rights protection, more accurate statement should be "counterfeiting", which is reasonably legal.