Well developed in India, but even the EU's door did not go in, millet company 'Mi Pad' trademark registration in the EU ate defeat.
In 2014, Xiaomi applied to the EUIPO for registering 'MI PAD' as a trademark of electronic equipment and communications services, a move that Apple has opposed and filed a complaint with the European Intellectual Property Office. In 2016, The IP Office supported Apple's complaint. Subsequently, the company filed an appeal with the European Court of Justice and requested the revocation of the decision of the European Intellectual Property Office.
On December 5, 2017, the common court of the European Union ruled to dismiss the appeal of Xiaomi and found that 'MI PAD' could not be registered as an EU trademark. The common court of the EU held that in terms of visual, phonetic or word concepts, millet Of the 'MI PAD' and Apple's 'IPAD' are highly likely to cause confusion to the public.EIPO IP Office based on the existence of the two trademarks are the same type of products and services with a high degree of similarity based on the existence of The judgment that causes the public to be confused is correct.
Cui Feng-ming, a researcher at the IPR Research Center of Zhongnan University of Economics and Law, argues that from the point of view of litigation relief, although ordinary EU courts dismissed the appeal of Xiaomi, Xiaomi could still appeal to the Supreme Court of the EU. However, this ruling will to some extent Millet opened the European market caused obstacles.
Trademark protection awareness needs to be strengthened
Since the in-depth promotion of the implementation of the trademark brand strategy, Chinese enterprises have witnessed continuous improvement in the registration and protection of overseas trademarks. Relevant statistics show that as of the end of 2016, there were a total of 22,700 valid international trademark registrations in Madrid, China. However, In the process of "going global," Chinese enterprises and brands are still repeatedly hit with trademarks and more than half of them are forced to sue for disputes over intellectual property.
On August 31, 2017, the State Administration for Industry and Commerce Trademark Office issued a letter in which it said that a foreign businessman made a name for himself in the personal name of more than 120 Chinese toy companies in Chenghai District, Shantou, Guangdong Province at INAPI Fortunately, with the support of the Chinese trademark authorities, the joint venture of Chenghai Toy Association went to Chile to safeguard their rights. At present, most of the trademarks have been withdrawn.
In contrast, China's big names a decade ago were less fortunate.
Lenovo's 'Lenovo' logo is a familiar reference, but Lenovo's original English logo was "Lengend." With thousands of Lenovo products entering the homes of ordinary people, its brand value was Up to 20 billion yuan in 2001, Lenovo opened the pace of internationalization but found that the 'Lengend' logo has been more than 100 countries in the world in many countries and regions have applied for a trademark registration, the registration covers the computer, food, cars, etc. In 2003, Lenovo changed "Legend" to "lenovo" in 2003 due to the time-consuming and labor-intensive negotiations with hundreds of companies.
In addition to Lenovo, Hisense's trademark is the sea twists and turns.
In 1999, BOSCH (Germany) applied for registration of Hisense 's trademark in Germany and approved it for use in Class 7, Class 9 and Class 11. In the same year, Hisense and hisense trademark Was recognized as a well-known trademark in China.After being approved for registration, the company again in that year applied for the Madrid International Trademark Registration and the EC trademark registration, and claimed priority.This makes Hisense trademark registration in Europe blocked until 2005 , Hisense and the Bose company reached a settlement agreement in Beijing, 'Hisense' trademark was completed to return.
As an important intangible asset of an enterprise, a trademark is an important competitive tool in the modern market. After being registered overseas, there are generally three solutions: redemption of trademarks, abandonment of markets and change of trademarks, which open up sales and develop brands to enterprises Very unfavorable.
Wan Chunhui, deputy director general of China Household Electrical Appliances Association, told China Home Appliances Network that geographical features are an important feature of trademark rights and that trademarks registered domestically are not generally protected by law in other countries. Trademarks are an important part of brand building , It should arouse the attention of enterprises.
'Unless a specific agreement, convention or remedy is reached between countries, trademark infringement will bring great trouble to the enterprise.' 'Xu Xinming, a researcher at the Center for Intellectual Property Studies of China University of Political Science and Law, believes that for Chinese enterprises, the brand Or trademark is an important way to improve the product premium, so doing a good job of trademark protection and brand protection is of great significance to Chinese enterprises going to sea.
At the Forum on Foreign Trade of China Household Electrical Appliances Association in 2017, Xu Dongsheng, vice chairman of China Household Electrical Appliances Association, stressed that China's home appliance trade is shifting from a pure product export to a joint export of products, services, technology and capital, from a single price competitive advantage to technology The transformation of brand, quality and service competitive advantages, excellent quality, abundant connotation and precise service will become the new impetus for the development of foreign trade.
Therefore, how to use all kinds of comprehensive measures to minimize the foreign trade risk has become a compulsory course for Chinese enterprises to "go global." On the one hand, Chinese enterprises need to understand the "game in the field of international trademark" if they want to enter foreign markets and protect the rights of their trademark brands Rules ". On the other hand, the government and industrial institutions should further increase legal aid for trademark rights protection outside the world, assist enterprises in resolving overseas trademark registration and rights protection, and at the same time, guide enterprises in setting up an early warning and response system for trademark overseas infringement and enhancing their risk prevention and control capabilities.
'Go out' strategic 'trademark first'
After decades of development, China has entered an important stage of transition from an economic power to an economic power. In the period of economic restructuring, the state took the opportunity of deepening the reform of the commercial system and taking the facilitation of trademark registration as a breakthrough to effectively use the trademark brand Focusing on the protection according to law and aiming at enhancing the brand competitiveness of China, efforts are being made to establish a strategic work pattern of trademark branding for enterprise autonomy, market leadership, government promotion, industry promotion and social participation.
On May 17, 2017, SAIC promulgated the "Opinions on Further Implementing the Brand Strategy of Trademarks to Promote the Brand Building in China" (the "Opinions"). The Opinions state that the state will step up its efforts in formulating and strengthening international rules in the field of trademarks through active participation, In cooperation with the World Intellectual Property Organization, we should step up overseas propaganda and support for our own brand names, explore ways to establish a platform for the collection of information on overseas trademark rights for Chinese enterprises, safeguard the legitimate rights and interests of Chinese enterprises, speed up fostering new advantages in international competition with trademark brands as the core, Build a more equitable international business environment for Chinese brands to "go global."
On October 27, 2017, the Ministry of Industry and Information Technology, the Ministry of Commerce, the State Administration of Industry and Commerce, the Intellectual Property Office and other 16 departments jointly issued the Guiding Opinions on the Role of Non-Governmental Investors in Promoting the Implementation of the Strategy to Build a Power into Powers, which clearly emphasized the need to support enterprises in participating in trademark infringement International competition, improve the coordination mechanism of overseas trademark protection of enterprises' trademarks, guide enterprises in the implementation of 'going out' strategy of "trademark first", through Madrid international registration of trademarks and other means to strengthen the trademark overseas layout planning, expand the overseas distribution channels for trademarks. Trademark Rights Protection Platform for Overseas Rights Protection. We will step up efforts to assist the protection of overseas trademark rights and assist them in resolving the issue of overseas trademark registration and safeguarding their rights.
In view of the frequent stoppage of domestic trademarks in the sea, Chen Kui, Director General of Trademark Office of the State Administration for Industry and Commerce, responded at the media briefing held recently. At present, a series of countermeasures have been taken. At the beginning of this year, a draft resolution on further strengthening the trademark overseas Rights program, the next step will actively promote the program introduced.