Sichuan Hotpot Association, Seasoning Association will be "green pepper" invalidation application
Sichuan Hotpot Association, Seasoning Association will be "green pepper" invalidation application, following the town of Hu spicy soup, Tongguan meat sandwich trademarks After the infringement storm, the green pepper and cause concern. Sichuan Hot Pot Association, Seasoning Association will be "green pepper" invalid application.
Sichuan Hot Pot Association and Seasoning Association will apply for invalidation of "Green Pepper "1
Recently, Shanghai Wan Cui Tang Catering Management Company (hereinafter referred to as "Shanghai Wan Cui Tang") sued dozens of restaurants in Sichuan Province for using the trademark "Green Pepper". The "green pepper" trademark "green pepper incident", became a hot spot on the network, the plaintiff Shanghai Wan Cui Tang was questioned allegedly "bumper sticker lawsuit", "malicious litigation". On December 25th, the chairman of Shanghai Wan Cui Tang responded exclusively to the cover news: y sorry, all withdrawn.
At present, the "green pepper" trademark controversy continues to be discussed. December 26, the cover news reporter was informed that the Sichuan Provincial Seasoning Association, Sichuan Hot Pot Association issued a statement that the green pepper is not suitable for registration as a trademark, will be invalidated application.
Enterprise concerns:
"Green pepper" trademark storm is not completely resolved, who will come to work with us in the future
"Green pepper incident "In the Sichuan catering circle caused a huge fluctuation, not only Sichuan netizens are surprised and puzzled, even the Chinese culinary masters, Sichuan cuisine master Xiao Ming also said:" I have done a lifetime of Sichuan cuisine chef, even the word "green pepper" are not allowed to use, it is not reasonable behavior."
Cover News reporter was informed that only in Chengdu, store name with green pepper restaurant at least 3,000, almost every Sichuan restaurant has green pepper this flavor of the signature dishes, green pepper hot pot material, green pepper fish seasoning is a regular visitor to the kitchen of the Sichuan people, green pepper is Chengdu, as well as the whole of the Sichuan catering is indispensable to the existence of.
As a Chengdu operation of green peppercorn-based specialty catering enterprises, eat city are - green peppercorn hot pot fish recently suffered a great impact. Eat city all - green pepper hot pot fish general manager Yuan Xianxiang said, "green pepper incident" let him feel particularly shocked, "we all know that pepper is the soul of Sichuan cuisine, pepper is divided into green pepper and red pepper. Eat City not only has three generations of single-handedly handed down the green peppercorn fish skills, or won the popular review of the green peppercorn must eat list of restaurants. Green peppercorns for us is the soul, if it is occupied by its own, is equivalent to the bottom of the payroll. Not only us, many catering peers have also been affected, which is a very big blow to our Sichuan catering industry."
Yuan Xianxiang told reporters that on December 25, he saw the cover news about the "Shanghai Wan Cui Tang chairman of the exclusive response to the borrowing of green pepper "bumper sticker lawsuit": y sorry, all withdrawn" report. For the future, he is still a little worried, "as a chain of restaurants in Chengdu, we want to bring the Sichuan cuisine, the soul of Sichuan cuisine to the whole country and the world, but 'green pepper incident' happened, some franchisees, partners have expressed concern, if The 'green pepper' trademark fiasco is not completely resolved, who will still come to work with us in the future? As a company, we are weak, and we hope that this matter can finally be properly resolved. At the same time, we also hope that the whole industry, the whole industry chain can 'green pepper' this Sichuan business card better and better, out of Sichuan, to the world."
Association voice:
Green pepper is the common name of agricultural raw materials, not suitable for trademark registration
On the evening of December 25, Sichuan Provincial Seasoning Association issued a statement that the green pepper is a kind of Sichuan, Chongqing, Yunnan, Henan, Anhui and other places. Agricultural products, a raw material, for the subfamily of rue, pepper genus, is a household name in Sichuan and Chongqing a common name. Article 11 of the Trademark Law of the People's Republic of China stipulates that a trademark shall not be registered as a trademark if it contains only the common name, figure or model of the goods, or if it directly indicates only the quality, main raw material, function, use, weight, quantity and other characteristics of the goods', or if it lacks other distinctive features. A company in Shanghai registered green peppercorns as a trademark and intensively sued dozens of restaurants in Sichuan Province, which was highly concerned by the Sichuan Seasoning Association and filed an objection. Green peppercorns are not only used in the research and development of dishes, but also in the production and operation of seasonings, as well as in the manufacture of pharmaceutical products, with a wide range of applications. Seasoning industry and catering industry is upstream and downstream industry chain relationship, are highly concerned about the "green pepper incident". Catering industry, condiment industry lips and teeth, a glory, a loss. "Green pepper incident" lawsuit, once the court ruled to restrict restaurants in the menu, signboards, the use of "green pepper" words, patterns, will make the catering industry in a passive situation, and the spillover effect of the spices brand, spices business will be hard to escape the fate, resulting in the entire industry chain Rupture. In view of this, the Sichuan Provincial Seasoning Association looks forward to the relevant departments to properly coordinate, the judiciary can be carefully dealt with according to law, "green pepper incident".
The Sichuan Provincial Seasoning Association said, reflecting the reasonable demands of enterprises, safeguarding the legitimate rights and interests of enterprises, regulating business practices, uniting and guiding enterprises, and uniting the forces of the industry to promote the sustainable and healthy development of the spices industry is the responsibility of the Sichuan Provincial Seasoning Association. Sichuan Provincial Seasoning Association supports seasoning enterprises and catering enterprises to safeguard their legitimate rights and interests in accordance with the law and to maintain the sustainable and stable development of the industry. If necessary, the Sichuan Provincial Seasonings Association will join hands with the legal team, unite the planting, catering and pharmaceutical industries, and work together with the major condiment associations, catering associations and related associations to initiate invalidation proceedings against the trademark "Green Pepper", and will not rule out taking all necessary measures to resolve the legal issues involved in the "Green Pepper Incident". "The company's website has been updated with the latest version of its website, which is available now.
Cover News reporter was informed that the "green pepper" is the right of the incident as an opportunity, the Sichuan Provincial Seasoning Association will unite to eat the city are - green pepper hot pot fish and other green pepper enterprises to set up the Sichuan green pepper enterprise alliance to enhance the awareness of intellectual property protection, to help the better development of the Sichuan gourmet business card.
December 26, Sichuan Hot Pot Association also issued a statement. The statement said, "green pepper" trademark rights case has aroused a high degree of concern in the catering industry in Sichuan and Chongqing. To this end, the Sichuan Hot Pot Association to do the following statement: First, legal aid to sue the business; Second; the organization of industry experts to study the establishment of intellectual property rights center; Third, the "green pepper" trademark invalidation lawsuit; Fourth, actively docking with the relevant departments; Fifth, the joint media appeal; Sixth, calling on the trademark sector, the soundness of the relevant laws The association of Sichuan and Chongqing areas.
Sichuan Hot Pot Association, Seasoning Association will be "green pepper" invalidation application2Following the town of Hu spicy soup, Tongguan meat sandwich trademark infringement fiasco, the green pepper again caused concern. Recently, dozens of catering enterprises in Chengdu, Sichuan Province, Suining, Meishan and other places have been sued in court for their signs, recipes and dishes containing the words "qinghua jiao". The reason is that "green pepper" has been registered as a trademark by a Shanghai catering company.
Query the referee network, there have been a number of shopkeepers lost, was sentenced to compensation of tens of thousands of dollars. In this regard, many businesses are confused, "green pepper" why can be registered as a trademark? It is reported that dozens of catering enterprises in Sichuan have encountered this situation, has been prepared to joint rights.
These businesses are sued can be described as "people sitting at home, pots and pans from the sky", just because of the use of the word "green pepper", it somehow constitutes an infringement. Not only the merchants involved in dismay, ordinary netizens also feel puzzled. In fact, this involves the generic name can be registered as a trademark, and registered as a trademark can affect others to use the problem.
Is "green pepper" a generic name?
"The Supreme People's Court on the trial of administrative cases of trademark authorization provisions of the provisions of Article 10:" the relevant public generally believe that a name can refer to a class of goods, should be recognized as a commonly agreed common name. By professional tool books, dictionaries, etc. as a trade name, can be used as a reference to determine the agreed common name.
Specifically to the "green pepper" dispute, "green pepper" can be plants, can be seasoning, can also be a food production method or food ingredients. Peppercorns made of food for the general public is familiar. Even in the country, it is difficult to "green pepper" as a distinction between the origin of the product identification, so the green pepper has the characteristics of the common name.
Where are the boundaries of the rights of the exclusive right holder of the green pepper trademark?
Although some businesses have registered the "green pepper" text and logo, but as long as other people in the use of "green pepper" did not copy the pattern of the registered trademark and other signs, do not cause confusion, it should be a legitimate and reasonable use, there is no willful infringement. The court also held that the use of "green pepper" is a legitimate and reasonable use and there is no intentional infringement.
On the other hand, it is questionable whether it is appropriate to sue other operators for the registered trademark of "青花椒", and whether this is an improper defense of the right to use the registered trademark in a way that interferes with the order of the market.
State Knowledge Bureau, the Supreme Court voice
In this regard, the media called the State Knowledge Bureau Trademark Office, a staff member responded that if there is an objection to the "green pepper" trademark, the objection to the applicant can be to the Trademark Office to file an objection application. Trademarks published in the preliminary examination and approval, in the three-month announcement period can be filed with the Trademark Office to object. If you miss the opposition period, you can file an application for invalidation of the registered trademark within five years.
"Trademarks are examined by professional examiners in accordance with the current trademark law and examination standards, there are strict standards and regulations, and damage rights and interests can be objected to." The staff also said, for the later registration of trademarks related to "green pepper", different trademarks, even if the same words, goods and services are different may be allowed to register, if the same goods and services, text similarity may not be registered.
In addition, the Supreme Court of Intellectual Property Judicial Protection Research Center researcher, China Intellectual Property Law Research Association, vice president of Feng Xiaoqing said in an interview with the media, "green pepper" trademark exclusive right to exercise their legitimate boundaries of the rights of others can not be legitimate use of the behavior of the right to claim that more shall not be abused its rights. Article 11 of the Trademark Law provides that only the general name of the goods, graphics, models, or only directly express the quality of the goods, the main raw materials, functions, uses, weight, quantity and other characteristics of the lack of distinctive features of the sign, shall not be registered as a trademark.
Feng Xiaoqing also introduced that the first paragraph of Article 59 of the Trademark Law stipulates that: the exclusive right holder of a registered trademark shall not have the right to prohibit others from using the generic name, figure, model of the goods contained in the registered trademark, or the direct indication of the quality of the goods, the main raw materials, functions, purposes, weight, quantity, and other characteristics of the goods, or the name of the place contained in the registered trademark.
On the issue of how to define and maintain the public ****ity of generic names, Feng Xiaoqing believes that the public ****ity of generic names relies on the operators and consumers **** with the maintenance, in order to create a good market environment for the operators and consumers, and promote the normal flow of goods. "Once an operator exploits the loopholes of the law and gets the exclusive right to use the trademark of the generic name through trademark registration, it will destroy the attribute of the public ****ness of the generic name, leading to other operators to face the resulting negative effects, which in turn adversely affects the entire market circulation."
Feng Xiaoqing also said that although generic names have been reflected in the Trademark Law for a long time, they merely illustrate the statutory prohibition of generic trademarks in registered trademarks. For registered trademarks containing generic names, a systematic concept is missing so far. This is also one of the reasons why there is a great deal of controversy over the handling of the generic name issue in judicial practice.
Sichuan Hot Pot Association and Seasoning Association will apply for invalidation of "青花椒 "3
Recently, a number of catering operators in Chengdu, Suining and Meishan, Sichuan Province, received court summonses for using the trademark "青花椒", which constitutes an infringement of the trademark. The reason is that their use of the trademark "green pepper" constitutes an infringement of the law. This makes people think of the town not long ago, Hu hot soup, Tongguan meat burger rights events, the State Intellectual Property Office previously responded clearly, "Town" "Tongguan meat burger" has no right to collect franchise fees. This time the green pepper is also "lying shot". The difference is that the focus from the name of the place into a common seasoning, more outrageous.
Spices in the "pepper" is mainly divided into red pepper and green pepper, Sichuan is the production of green pepper province, green pepper with the popularity of Sichuan cuisine spread to all parts of the country, in the eyes of the common people, green pepper is like anise, cinnamon, sesame seeds, cumin and other seasonings, signboards, recipes, dishes written on the "green pepper" three words, intended to illustrate the practice and taste, green pepper baked fish, such as green onion popping meat, cumin lamb, chopped pepper fish head, how can infringement?
The key point of this matter is that the ordinary seasoning how to become a registered trademark? Registered successfully, where is the boundary of the right?
China's trademark law does not prohibit such a generic name as green pepper cross-category registration, that is to say, if the "green pepper" in the category of seasoning supplies to apply for registration, may be rejected because of the generic name. However, Shanghai Wan Cui Tang Catering Management Co., Ltd. has registered a number of valid trademarks in other categories, and the registered trademarks enjoy corresponding legal rights and interests. This does not mean that the right holder can do whatever he wants and go beyond the legal boundaries to exercise his rights. The owner of the exclusive right to use the registered trademark has no right to prohibit others from making legitimate use of the common name, figure or model of the goods contained in the registered trademark, or the quality, main raw material, function, use, weight, quantity and other characteristics of the goods directly indicated, or the name of the place contained in the registered trademark. In addition, if the store was already in existence before the trademark registration, can also claim the right according to law.
For many merchants, the law is not easy to understand, and when they learn that they have "broken the law", many choose to spend money. The lack of legal knowledge and fear of psychological become some people's handle, trademark rights has become a way to make money. The bumper stickers and nets are damaging to the interests of merchants and destroying the business order, which obviously deviates from the original intent of intellectual property protection.
This case is another popularization of legal knowledge related to the protection of intellectual property rights, but also to improve the law, plug the loopholes of the warning. The relevant departments to come up with a more distinctive attitude, the introduction of more detailed guidelines to curb the use of trademarks for malicious litigation behavior. Malicious snatching is not curbed, malicious litigation is difficult to end. More to put a good source, but also the original face of intellectual property protection.