Bumpy "Crayon Small New" Clothing Trademark &Nbsp; Lawsuit Repeatedly

We all know that the issue of "trademark" is very serious at this time. But what is it all about? How should we face it? Let's take a look at the "crayon new brand" act, 1997. Guangzhou City Chengyi glasses Co., Ltd. has been registered with the "crayon small new" trademark, which has been transferred several times, and is now used by Jiangsu crayon new Clothing Co., Ltd. in Xiangcheng District, Suzhou. But Mr. Zhang, general manager of crayon Xiao Xin clothing company, said that since he took the trademark of crayon Xiao Xin, he basically failed to make good products. Most of the time he was involved in a lawsuit with the Japanese double leaf company, which owns the copyright and merchandising right of "crayon Xiao Xin".

"Mother, treat children with love education!" naughty and lovely "crayon little new" is a favorite Japanese cartoon character for many young people. But the way of trademark attribution of crayon Xiao Xin in Chinese market has gone very rough. In 1997, Guangzhou Chengyi glasses Co., Ltd. was allowed to register the "crayon small new" trademark, which was transferred by many times. It is now used by Jiangsu crayon new dress limited company in Xiangcheng District, Suzhou. But Mr. Zhang, general manager of crayon Xiao Xin clothing company, said that since he took the trademark of crayon Xiao Xin, he basically failed to make good products. Most of the time he was involved in a lawsuit with the Japanese double leaf company, which owns the copyright and merchandising right of "crayon Xiao Xin".

　　 The past and present of "crayon small new" trademark

It is understood that the double leaf company received the exclusive authorization of crayon Xiao Xin from Yoshito Usui in 1992. Since January 2004, it has been authorized to carry out the series of commercial promotion of "Crayon Shin" in mainland China. Double leaf society registered trademark in the category of comic books and toothbrushes, but subsequently found clothing, Shoes and Hats The trademarks of 9 other commodity categories were seized by Guangzhou Chengyi glasses Co., Ltd. in 1997.

As early as January 9, 1996, Guangzhou Chengyi glasses Co., Ltd. applied for registration of crayons and graphics and word trademarks, and was allowed to register in June 21, 1997. Baby clothing And other categories. In May 18, 2004, the trade mark Bureau approved the transfer to the world economic development Co., Ltd., and then signed a trademark license agreement with Shanghai's en Jia economic and Trade Development Co., Ltd., which authorized the use of the above words and graphics trademarks. In May 24, 2010, the trademark was approved by the Trademark Office and transferred to Jiangsu crayon Xiao Xin Clothing Co., Ltd.

　　 Japanese company's request to revoke the registered trademark was dismissed.

Around 2005, when the company was preparing to introduce the product of "crayon Xiao Xin", it suddenly received the notification from the first intermediate people's Court of Shanghai. Two leaf company believes that the "crayon small new" trademark used by the company in the market development infringes its copyright and takes it to court.

Entrusted by the Shanghai en Jia economic and Trade Development Co., Ltd. Shanghai Liu Xiangwen, a lawyer at Ceng Kengqing law firm, told reporters that the two trademarks believed that the 9 trademarks were infringed by their rights by the Guangzhou Chengyi glasses Co., Ltd., so in 2005 or so, the two leaf company, on the ground of "first registration of fraudulent means or other improper means" in the first forty-first paragraph of the trademark law, filed an application with the national commercial jury for the cancellation of the registered trademark, but was rejected by the business jury.

Liu Xiangwen said, at that time, the national business commission said that Cheng Yi eyeglasses Limited had been registered with the new crayon trademark for 8 years. During that period, the two leaf company was reluctant to exercise its rights, which has exceeded the statutory deadline for cancellation of 5 years. In addition, although "Crayon Shin" is a famous comic book, it has not been widely used as a trademark in the market, but is not a well-known trademark. "Chengyi company snatch others. Famous trademark And the registration of the "crayon small new" trademark and the transfer of it are difficult to directly prove that Cheng Yi company has malice when applying for registration. Therefore, the "crayon small new" trademark registered by Chengyi company of the state commercial appraisal commission is legal and effective.

In 2007, the Japanese national company's twin leaf society sued the State Commerce and Industry Bureau business appraisal committee and Cheng Yi glasses Co., Ltd., which was rejected by the Supreme People's court. {page_break}

　　 The Trademark Office revoked the trademark on the grounds that it had not been used for three years.

It was thought that the dust had settled, but two years ago, a revoking ruling by the business jury put the long-standing trademark dispute again.

According to the Legal Evening News, after 5 years from the first ruling, the national commercial jury once again ruled that the "crayon small new" trademark had not been used in the sense of trademark law during the prescribed period, so the trademark was revoked. Because the "crayon small new" trademark has been transferred to crayon Xiao Xin clothing company at this time, the company said it was not satisfied with the business jury's ruling, and thought that the business jury decided the facts and the applicable legal errors, and filed a lawsuit against the Beijing first intermediate people's court. According to the court's trial, according to the trademark law, the registered trademark, which has ceased to be used for 3 consecutive years, shall be ordered by the Trademark Office to make corrections within a specified time or to cancel a registered trademark. Since Shi Fu company did not give sufficient evidence to prove that the trademark was actually used in commercial business within a specified time limit, it led to the court finding that the lawsuit of the crayon new clothing company was lack of factual basis, and the company's lawsuit was dismissed, and the decision of the jury was revoked.

According to Liu Xiangwen, in February this year, Japan's double leaf Co., Ltd. once again sent three companies of Shanghai en Jia economic and Trade Development Co., Ltd., Guangzhou Chengyi eyeglasses Co., Ltd. and Jiangsu Shishui County Shi Fu Economic Development Co., Ltd. to the court of the first intermediate people's Court of Shanghai, demanding that the three defendants stop their torts and claim 1 million 60 thousand yuan, which is still under trial.

　　 The crayon new clothing company decided to appeal to the supreme law.

A few days ago, reporters learned from Suzhou Xiangcheng District industrial and commercial bureau that Jiangsu crayon Xiao Xin Clothing Co., Ltd. was incorporated in March 2009. Its business scope is clothing sales, with a registered capital of 5 million yuan. The company's address is 5 yuan, Xiangcheng District yuan and 959 Jiayuan Road, Suzhou, and the enterprise legal person is "Qiao Chunqin".

On the afternoon of March 17th, the reporter came to the company's registered address. The company was located in the office building on the 5 floor of a supermarket. Under the guidance of a staff member in the office, the reporter found the old crayon limited company in the 5 floor 517 room. Through the glass door, the reporter saw that the house was empty, and there were no other furnishings except a few simple tables. A staff member of the building told reporters that the crayon small new company moved away two years ago.

Reporters in accordance with the registered person in the way to contact the phone call, the electricity supplier called Zhang Zhang, previously Jiangsu crayon Xiao Xin Clothing Co., Ltd. General Manager. Mr. Zhang said that the crayon new clothes Co., Ltd. had been shut down in 2010. "Since the trademark was received, there have been thousands of losses." He said that when the trademark was just taken over, the company also produced a batch of clothes and accessories that were labeled with crayon Xiao Xin. However, before the products were put on the market, they were involved in the lawsuit with the Japanese double leaf company.

Mr. Zhang said he did not know about the ruling that the first intermediate court of Beijing rejected the crayon small new company's lawsuit and maintained the decision made by the jury. Mr. Zhang said that although the two years did not sell products, but the use of the trademark promotion, publicity business practices still exist, not for 3 consecutive years not used.

Liu Xiangwen said that crayon Xiao Xin Clothing Co., Ltd. was not convinced by the ruling of the Shanghai court, and decided to file a complaint with the Supreme People's court in recent days.