Recently, a trademark dispute over the use of the words "Dengying Beef" on the packaging was heard in court. Centennial Dengying Company, as the registered owner of the "Dengying" trademark, sued Dazhou Honglong Company for infringement of its trademark rights and claimed 5 million yuan. The court finally ordered Honglong Company to compensate the plaintiff 100,000 yuan.
The focus of the controversy in this case is mainly focused on the following aspects:
1.Trademark Similarity
Whether the "Dengying" trademark registered by Centennial Dengying Company is similar to Honglong's "Dengying Beef" and "Dengying Beef Shredded" products. This involves the criteria for determining the similarity of trademarks in trademark law.
2.The common name of the product
Whether "Dengying Beef" and "Dengying Beef Shredded" belong to the generic name of the product. In the case of a generic name, whether it can enjoy exclusive trademark rights is also the focus of debate.
3.Fair and reasonable use
Whether Honglong's use of the word "lamp shadow" on the packaging of goods is a legitimate and reasonable use. This needs to take into account the fair use provisions of trademark law.
In the course of the trial, the court balanced the value orientation of protecting the exclusive right to use trademarks and promoting a fair competition market structure in accordance with the relevant provisions of the Trademark Law. In the end, the court decided to order Honglong Company to compensate 100,000 yuan to Centennial Dengying Company, and supported Centennial Dengying Company's request for Honglong Company to immediately stop the infringement.
1.Trademark similarity issues
Trademark similarity is one of the core issues in trademark disputes. In this case, the court's decision may have been influenced by the registration history and widespread use of the "Dengying" trademark. It is crucial for businesses to register a distinctive trademark early to prevent future infringement disputes.
2.Generic name disputes
The issue of generic names of goods involves the exclusivity of trademarks. If "Dengying Beef" and "Dengying Beef Shredded" are recognized as generic names, it will affect the exclusive rights of Centennial Dengying Company to these words. This reflects the cautiousness with which trade names are chosen during the trademark registration process.
3.Fair Use Disputes
Whether Honglong's use of the word "lamp shadow" on the packaging of goods is reasonable and reasonable is related to the regulation of the use of trademarks in the Trademark Law. Enterprises need to ensure that they comply with relevant regulations in the use of trademarks to avoid touching the bottom line of the law.
1.Trademark registration strategy
Register distinctive trademarks at an early stage to ensure that they have an advantage in the market competition.
2.The product name is chosen carefully
The names used on the packaging of the goods should be carefully selected, and the generic names should be avoided to ensure trademark exclusivity.
3.Compliant Trademark Use
In the process of using trademarks, enterprises should ensure that they comply with the laws and regulations and avoid touching the bottom line of the law.
The verdict of this case provides some guidance for the reasonable protection of trademark rights, and also reminds enterprises to act prudently in the process of trademark registration and use to ensure compliance operations.
Trademark Rights