The Palace Museum Will Sue “Palace Museum”

The Palace Museum declared on October 11, 2006 that the trademarks “GuGong” and “ZiJinCheng” have been recognized as well-known marks by the Trademark Office of SAIC (State Administration for Industry and Commerce) and any company who infringes these trademarks shall be subject to legal action.

The marks “GuGong” and “ZiJinCheng” have become the first well-known marks of Chinese world cultural heritage item in service class, which relates to services such as sightseeing, organization and arrangement of culture and education exhibition, authentication of artworks etc. The relevant principal of the Palace Museum said that before the marks were recognized as well-known marks, some enterprises had registered or used these marks, such as ZiJinCheng Match-Making Centre etc., which may bring misunderstanding to the public that they have relationship with the Palace Museum.

Recently, the Trademark Office of SAIC judged that the marks “GuGong” and “ZiJinCheng” applied by others cannot be registered. The principal of the Palace Museum claimed that for those enterprises using the two special terms, the Palace Museum will take legal measures.

October 11, 2006                     Source: http://www.chinatimes.cc/

“ChuanShiDa” Was Applied as Trademark

It was learnt on October 11 that a person named Zheng in Chengdu has applied for the registration of the trademark “ChuanShiDaGuanJia” in the fields of escort and match-making etc. with the State Trademark Office. The relevant principal of SiChuan Normal University (ChuanShiDa) alleged that the applicant was suspected to have infringed their trademark right and they have consulted trademark expert for detail.

Zheng filed an application for the registration of mark “ChuanShiDaGuanJia” with the State Trademark Office on March 8, 2006. The application number is 5199182 and the application classification is under International class No. 45. However, the application is still waiting for being reviewed and has not passed the preliminary examination yet.

The relevant principal of SiChuan Normal University (ChuanShiDa) claimed that the act of the trademark registration of “ChuanShiDaGuanJia” without the licensing of SiChuan Normal University (ChuanShiDa) is suspected to have infringed their right. Once the mark is registered and put into use, it might damage the reputation of SiChuan Normal University (ChuanShiDa). At present, they have urgently consulted the trademark expert for detail and will take actions to protect their right afterwards.

October 12, 2006                     Source: http://www.morning.sc.cn/

Pre-emptive Registration of the Name

of“Cucumber King” from Tianjin

It is known from Tianjin Trademark Firm that the name of Hou Feng, who is a famous seed expert, academician of Chinese Academy of Engineering, honorary dean of Tianjin Agriculture Academy, founder of Tianjin Cucumber Research Centre, has been applied for trademark registration of the “seed” by a farmer from Fuyang City in Anhui province. It is reported that the application has passed the preliminary examination of the State Trademark Office. If there is no opposition, the name “Hou Feng” will become the trademark of “seeds”. The reporter learnt yesterday that in order to protect the name and reputation right as well as the interest of the party, the relatives of Mr. Hou Feng have entrusted Tianjin Trademark Firm to file opposition to this pre-emption act.

President Mi of Tianjin Trademark Firm introduced that the applicant registered the mark “Hou Feng” pre-emptively because Hou Feng’s contribution and reputation are well-known in the field of Chinese agriculture breeding. President Mi thinks that it will be great indignity to the law if the malicious intention of the applicant is realized. This case is also a caution for all law-abiding enterprises and individuals with legal rights. Because once it is registered pre-emptively, it might take the patentee three years or even longer to withdraw the registration.

October 13, 2006                     Source: http://www.enorth.com.cn/

Two “Cattles” Fight for One Name

Mengniu (Strong Cattle in English) Dairy (Group) Stock Co. Ltd. sued Mengniu Wine to the court for unfair competition. At present, the case is in session at No.1 Intermediate Court of Huhhot City.

Mengniu Dairy alleged that they legally possess the registration trademark right, famous trademark right, well-known trademark right and famous enterprise title right of “Mengniu”. “Mengniu” has been used as trademark and trade name since January 1999. In August 2000, the registered trademark “Mengniu” was recognized as “famous trademark in Inner Mongolia”. Mengniu Wine, which was founded in August 2001, applied for the registration of the same name as trade name at the Industrial and Commercial Administration Department and produces and sells milk wine which belongs to dairy product as well. This is a malicious act. In November 2005, Mengniu Dairy made negotiation with Mengniu Wine on the matter of trade name. Mengniu Wine asked for 80 million yuan for changing its trade name. Therefore, Mengniu Dairy sued Mengniu Wine to the court.

Mengniu Dairy requests the court to judge that Mengniu Wine should stop its infringement act and unfair competition, stop malicious registration and unfair competition of using the trade name “Mengniu”, and change the trade name “Mengniu” at the Industrial and Commercial Administration Department within the prescribed time. Mengniu Wine should compensate Mengniu Dairy 10 million yuan for its loss. The judgement of the case will be announced another day.

October 13, 2006                  Source: http://www.stardaily.com.cn/

The SAIC Announced the Top-ten Trademark Crime Cases with Two from Beijing

On October 20, the SAIC published on its website the ten typical cases concerning trademark crimes which were handed over to the Public Security Bureau in the first half of this year. Seven out of ten are foreign trademark cases and five of them with litigated sum over 1 million yuan. Two cases are from Beijing: On January 10 this year, Haidian Industrial and Commercial Branch confiscated large amount of counterfeits such as “GUCCI”, “CHANEL”and “CD” purses, lady bags, watches and other accoutrement etc. in two shops of JinWuXing goods wholesale market, with the total value of more than 10 million Yuan. On March 9, Dongcheng Branch confiscated 936 counterfeits of “LV”, “HERMES” and “PRADA” goods, such as bags, hand bags, wallets, glasses and scarves etc. in a company, with total value of more than 2 million Yuan.

October 21, 2006                Source: http://www.peopledaily.com.cn/