Guangdong'S Two Shoe Companies Won The Lawsuit And Were Recognized As Well-Known Trademarks In China.

In today's increasingly strong brand protection consciousness, many enterprises spare no efforts to win the national brand certification.

However, reporters recently learned that some Guangdong enterprises found another "shortcut" outside the routine administrative application ascertainment: to fight a trademark infringement lawsuit, at the same time, they would ask the court to identify it as a well-known trademark.

Reporter learned from the Guangdong Leather Association, two brands of Cardanro leather shoes and Guangdong shoes leather shoes were identified as "well-known trademarks in China" in June and July respectively by judicial means.

This is the 2 well-known trademark in Guangdong leather industry after BELLE, Wanlima and Caesar. It is also the first batch of brands that have obtained national certification through litigation.

According to the insiders, in the shoe making province of Zhejiang, the leather industry has more than 20 well-known trademarks in China, but only 7 are obtained through administrative means, and others have been brought down through lawsuits.

The lawsuit is "the intention of drunken men is not in wine". These are two similar civil judgments, which are respectively given by the intermediate people's Court of Yichun, Jiangxi, and the intermediate people's Court of Lhasa municipality, Tibet autonomous region.

The verdict is very similar: the registered trademark of Cardanro or "required heights" and "PITANCO map" held by the plaintiff is recognized as a well-known trademark in China, and is protected by well-known trademarks. The defendant Wang Mou and Tibet Jin Cang company in two cases are all judged to be trademark infringement.

Reporter noted that another similarity of the two cases is that the plaintiff's claim amount is not high.

He asked the Tibet Jin Cang company to compensate the economic loss of RMB 50 thousand yuan, while the compensation made by Cardanro to defendant Wang Mou was only 10 thousand yuan.

This is obviously quite different from the sky high price claims that are constantly exposed.

"These enterprises are just a means of lawsuits, but the real purpose is to rush to the well-known trademark certification of the court.

"Guangdong Leather Association Secretary General He Xiaocha told reporters.

Industry insiders told reporters that many enterprises spend a lot of manpower and financial resources. In a few years, they may not be able to apply for the administrative recognition of "China famous trademark". However, if the "counterfeit goods" appeared on the market, they can apply to the court for the identification of China's trademark and protect it.

"A small amount of money spent on litigation can get the national brand certification, and it is completely legal in law.

For consumers, the result is the same.

"The source said.

Is it a fluke or embarrassment? Is it clear that the emergence of this "strange" situation is not related to the current dual track system in China?

According to the introduction, before July 2001, the State Administration for Industry and commerce was the only organ that recognized the well-known trademarks in China. With the entry of WTO, China began to move towards the dual track mode of administrative recognition and judicial recognition, and implemented the principle of "passive protection and case recognition".

"In fact, this is also in line with international practice.

"Guangdong Leather Association, a person told reporters.

However, compared with the time consuming and strict administrative approval method, many people admitted that it is much easier to win a well-known trademark.

Liang Yuanguang, chairman of the Zhejiang high shoes industry leather products Co., Ltd., also confirmed this statement to reporters. He said that the move was inspired by his colleagues.

Wang Jianxin, director of Guangdong Leather Association, said that the leather industry in Zhejiang has more than 20 well-known trademarks in China, of which only 7 are obtained through administrative means, and the rest are obtained through litigation.

"But many of our Guangdong enterprises have not yet realized this.

The reporter learned from the official website of the well-known trademark of China that at present, there are 1035 well-known trademarks identified by the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board, and 108 in Guangdong.

However, since 2001, the local people's courts at various levels have tried more than 200 well-known trademarks according to law.

"But the judicial recognition of a well-known trademark is only a fact of the case, rather than a grant to the trademark owner 1; honorary title 1;" insiders pointed out.

"Though the enterprises that are identified by the judiciary can play the mark of well-known trademarks on product packaging, the guiding function of consumers is the same, but there is a difference between the gold content of the two brands.

"According to the introduction, for example, the court's recognition of well-known trademarks" is too low, the number of well-known trademarks is too high, and the recognition of well-known trademarks by the parties in the previous provinces through "false litigation" or "fictitious litigation" has all weakened the authority and credibility of well-known trademarks.

In view of the above reasons, Liang Yuanguang has been busy delivering a well-known trademark recognition material to the SAIC despite the fact that the "China famous trademark" has been printed on the card.

"At least, the title of China's well-known trademark can be obtained through administrative application, which can be rewarded by the provincial government, and the local government will also have other awards.

However, the well-known trademark does not have such treatment.

"Liang Yuan Guang said frankly.

This remark points out the subtle differences under the dual track accreditation system.