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Pandora trademark dispute-enterprises need to have a long-term awareness of international intellectual property protection
Author: Wayne International Intellectual Property
Source: Wayne International Intellectual Property
If time can go back to 2004, Shenzhen Pandora Company has registered 14th at the same time.Jewelry-like trademarks, then there will be no Danish Pandora (Pandola) company, Danish Pandora (Pandola) company can only be beaten there, not now there show!
2018December 27Day, the world's leading jewelry brand Danish PandolaSuing local companies in Shenzhen courts-The case of Shenzhen Pandora in and out Co., Ltd. suspected of infringing on the Pandola of its well-known brands was officially opened. As soon as the case involved well-known enterprises in the global jewelry industry, it attracted the attention of the public and many media.!
As a specially invited expert of the media, Huang Changping, head of Wayne International's International Department, commented on the case on the spot and analyzed and explained the case throughout the whole process. This case is highly similar to the Shenzhen Proview IPAD trademark case and the New Bailun trademark case.
Review of past cases:
Event 1: 2012, because there is no IPAD in ChinaTrademark rights (Proview registered IPAD trademark category 9, including tablet computers), Apple's IPAD was removed from the shelves in China in large numbers. After a series of lawsuits, Apple finally had to purchase the IPAD China trademark at a high price of US $60 million.
Incident 2: In 2013, Zhou Lelun of Guangzhou sued New Balance of the United States.The company's affiliated company in China, New Bailun Trading (China) Co., Ltd., claimed that it owns the "Bailun" and "New Bailun" trademarks. New Bailun has used the "New Bailun" trademark for a long time and in large quantities when promoting and selling products. Infringed its exclusive right to use the trademark.
2015April 24 of the yearOn the 15th, the Guangzhou Intermediate People's Court made a first-instance judgment on this highly concerned trademark dispute case. New Bailun Company must compensate 98 million yuan for using the registered trademark "New Bailun" of others, which constitutes an infringement of the exclusive right to use the trademark of others. The Guangdong High Court of Second Instance maintained that New Bailun Company infringed on the exclusive right to use trademarks. Although the compensation amount was reduced, New Bailun Company had to compensate Zhou Lelun 5 million yuan and could no longer use "New Bailun" commercially. It published a statement on the front page of "New Bailun (China) Official Website", "New Balance Flagship Store" and "New Balance Children's Shoe Flagship Store" to eliminate the impact.
New Bailun Company not only paid high compensation for its infringement, but also made wedding clothes for others after so many years of painstaking publicity.
As an ordinary consumer, New Bailun is not a New Balance. Do you really know?
The two cases have something in common:
1,Foreign companies do not have the right to exclusive use of trademarks in China, and it is the right to exclusive use of trademarks for goods, not services. (Shenzhen Proview has "IPAD" in 9thThe exclusive right to use the trademark on the class tablet computer; Zhou Lelun has the exclusive right to use the "New Bailun" in the 25th category of clothing, shoes, hats, etc.)
2,Chinese enterprises and individuals as the right party, is the plaintiff, foreign companies as the infringer, is the defendant.
3,The cost to foreign companies is high.
Back to the Pandora trademark case, can not help but regret.
1. Shenzhen Pandora Import and Export Co., Ltd. (hereinafter referred to as "Shenzhen Pandora Company") as the defendant. Pandora Denmark (PANDORA A/S)("Pandora Denmark") as the plaintiff.
2. Shenzhen Pandora Company began to use this trademark in 2002 and in 2004On April 7, 2007, the application was approved for registration of the "Pandora" trademark in January 2007, which was designated for use in category 35 advertising, sales and other services.
2017June 27The Japanese trademark was transferred to Shenzhen Wanguo Consulting Management Co., Ltd. This operation is also not very clear, perhaps the two companies are related in some way, and we do not know by querying their industrial and commercial registration information.
Let's take a look at Class 35 trademarks, Class 35Class trademarks are service trademarks, also known as "universal trademarks", covering online and offline sales, advertising, franchise stores, chain operations, sales for others, import and export agents, etc. Every industry needs it.
 Business Administration Auxiliary Industry
3503 Sell for Others
 Personnel Management Auxiliary Industry
 Migration of Commercial Enterprises
 office affairs
 single service
 Pharmaceuticals, medical supplies or wholesale services
We all know that if a trademark is registered, it can be used on goods or services. For example, in the jewelry industry, if a trademark is registered, jewelry with the trademark can be sold. But everyone ignores one point, if inAdvertisementPublicity aspects of the use of the trademark, and happens to others in the 35 registered trademark, we can not use, otherwise constitute infringement.
3503 Sell for Others
If you want to enter Tmall, Jingdong, Amazon, EBAY and other e-commerce platforms, as well as physical stores such as shopping malls and supermarkets, you need to register a core service content of 3503The group's"Sell for others”Service Marks.
Without a Class 35 trademark, it would be difficult for the Danish company Pandora to work in China.
The plot reversal is:
Danish Pandora Company in December 2004On January 31, it applied for registration of the 14th category trademark of "Pandora" for jewelry, precious stones and other jewelry.
Shenzhen Pandora Company's original main products were Class 3 cosmetics, and later entered the jewelry industry.
Shenzhen Pandora company business registration information is as follows:
To this end, Shenzhen Pandora Company registered 2Class 14 jewelry trademarks. At this time, Pandora's 14th class jewelry trademark has been registered, because the Danish Pandora company has been registered first.
The reason why Denmark Pandora sued Shenzhen Pandora is that since 2017, Shenzhen Pandora has published, promoted and sold jewelry products in the name of "Pandora" through corporate websites, WeChat official accounts and other platforms, which constitutes infringement. In addition, in offline physical stores, the logo of "Pandora" is printed on counters, brochures, receipts and business cards, which infringes on the exclusive right to use the registered trademark of Pandora in Denmark. It is easy to confuse the public that the products it sells come from Pandora, Denmark.
Shenzhen Pandora Company is not a vegetarian either. It has learned from its mistakes and has long been on guard. The jewelry products it sells are tathata brands.
One hand holds the 14th category of goods trademark, one hand holds the 35thClass service trademark (in the case of Shenzhen Wanguo Consulting Management Co., Ltd. and Shenzhen Pandora Company united front). It is hard to distinguish between right and wrong, which is better and which is worse. However, it is an unchangeable fact that Shenzhen Pandora Company cannot play Pandora on its products (it is an infringement).
We can only look at the Futian District Court's decision. No matter what the verdict is, I always feel sad and sorry.
If time can go back to 2004, Shenzhen Pandora Company has registered 14th at the same time.Class trademark, then there is no Danish Pandora company, Danish Pandora company can only be passively beaten, not now there show.
Conclusion: Through this case, we hope that enterprises should have the awareness of intellectual property protection, especially the long-term international awareness of intellectual property protection.
1Under the trend of global marketization, trade disputes and trade wars are inevitable. In the fog of war, intellectual property rights are one of the few powerful weapons we can have, which can clear the fog and bring victory.
2, Whether it is a patent or a trademark, intellectual property rights are time-bound, pay attention to first come, then apply for registration as early as possible.
3Whether it is a patent or a trademark, intellectual property rights are regional, and potential market countries or regions must apply for registration in advance.