Small Shoe Companies Are Fined For Buying Gold Lettered Signboards.
In November 5th, the company turned its brand into " Famous Trademark of China "This is almost every family." enterprise What I dreamed of. However, in Wenzhou, Zhejiang, some small businesses that do not have the strength have turned the wrong way, and bought the "gold lettered signboard" of arbitration by spending money. Insiders pointed out that this is another abnormal movement of enterprises to acquire well-known trademarks after judicial identification was illegally used.
Xiang.
The reporter was informed that 3 enterprises and intermediary providers were punished by the Longwan branch of industry and Commerce recently because they were identified as false propaganda and unlicensed intermediary activities.
Small businesses are big.
品牌】
Located in the Longwan District, Wenzhou Yongsheng Shoes Co., Ltd. has a registered capital of 980 thousand yuan, and its business scope is manufacturing, processing and marketing.
leather shoes
。
In April 21, 2010, when inspecting the enterprise by law enforcement officers of Longwan industrial and commercial bureau of Wenzhou, it was found that the "yixuemi Yi Mi" registered trademark logo and "China famous trademark" were marked on the shoes and boxes of the women's shoes that were being produced in the workshop.
After preliminary verification, the trademark "yixuemi Yi Mi Mi" was identified as "China famous trademark" only in an arbitration award, but it was not recognized by administrative or judicial means in China. After that, the company marked the word "Chinese famous brand" on its shoes and shoe boxes and vamp.
At the time of the incident, 4000 pairs of shoes were produced by the parties, and 3000 pairs were sold, and the total operating amount was 120 thousand yuan.
It is understood that the ruling was made by an arbitration commission of Yunnan Province in February 26, 2010.
According to the ruling, "according to the trademark law, the Supreme People's court's interpretation of several issues concerning the application of the law to civil cases of trademark disputes", "contract law", and in combination with the actual situation, the trademark that the applicant enjoys is legally recognized as a well-known trademark and given higher protection.
The well-known trademark can also be identified through arbitration. The law enforcement officers were quite curious at that time.
In view of this problem, Longwan branch of industry and Commerce attached great importance to it and launched an in-depth investigation of the case.
According to the head of Yongsheng Footwear Company, last year, fan Fang, an intermediary agent in Wenzhou, came home several times and suggested to him that a well-known trademark should be identified in a convenient way, that is, arbitration.
After this person promised to do all the formalities, the enterprise entrusted the agency and paid a fee of 288 thousand yuan (428 thousand yuan, partly unpaid).
[behind the scenes operation emerges]
After obtaining this situation, the law enforcement officers further investigated by taking the intermediary as the breakthrough point.
According to fan Fang, a mediator, he began lobbying companies to identify famous trademarks through arbitration in the second half of 2009.
Once lobbying is successful, he will send a copy of the business license, nearly 3 years of value-added tax statements, national tax certificate, sales invoice and other materials to a lawyer in Beijing. The lawyer will forgery the material according to the actual situation and submit the material to the Arbitration Commission. It takes only 1-2 months to get a well-known trademark to report to the Arbitration Commission.
"Since there are specialized intermediaries in this work, then more than one enterprise may operate this way."
Subsequently, Zhejiang Hao Kang Shoes Co., Ltd. and other two enterprises fell into the business sector's vision.
After investigation, the two companies also commissioned fan and others in October 2009 to arbitrate the "well-known trademark" business by providing false materials by fan Quan's exclusive agent.
According to the arbitration award, one of the shoe companies obtained its registered trademark "China famous trademark" in November 2009. In 2010 February, the word "China famous trademark" was marked on the shoes and its packaging produced by the company, and the company paid the price of 365 thousand yuan.
After paying 433 thousand yuan in price, Zhejiang Hao Kang shoes company, after being awarded an arbitration award by an arbitration commission of Yunnan Province, obtained its "well-known Chinese Trademark" HAOKAN "Hao Kang and map" in December 2009. In 2010 February, it began to mark the words "China famous trademark" in its women's shoes and its packages.
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Coincidentally, in Yiwu, Zhejiang, related enterprises have also encountered similar situations.
Yi Bei industrial and Commercial Office of Yiwu industrial and commercial bureau received a consultation from a company asking whether the Chinese well-known trademarks identified through arbitration were effective.
It has been reported that an intermediary has been repeatedly promoted to the enterprise to publicize the benefits of arbitration through the identification of well-known trademarks in China. The same commitment can help companies to do all the formalities, with a cost of about about 300000.
After receiving the information, Yi Bei industrial and commercial office replied that the quasi judicial approach to arbitration is not acceptable.
Yiwu city commerce and Industry Bureau also issued a warning to remind business owners to avoid being cheated.
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