Chongqing Chuanyi's trademark dispute case was rej

2022-08-17
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Chongqing Chuanyi's trademark dispute case was rejected

recently, the Beijing Higher People's court decided the second instance of the trademark dispute case between Ruian Chuanyi regulating valve Co., Ltd. and Chongqing Chuanyi Automation Co., Ltd., and Chuanyi's appeal was rejected

recently, the Beijing Higher People's court decided the second instance of the trademark dispute between Rui'an Chuanyi regulating valve Co., Ltd. and Chongqing Chuanyi Automation Co., Ltd., and Chuanyi's appeal was rejected

[previously on]

Chongqing Chuanyi Automation Co., Ltd. appealed to the Beijing Higher People's court against the administrative judgment (2014) No. 5538 of the first intermediate people's Court of Beijing due to the administrative dispute over trademark disputes

[object of dispute]

the trademark in dispute is the trademark of "Chuanyi Chunyi and Tu". On August 11, 2008, it applied to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) for registration and was approved to be used on goods such as "pressure regulating valves and valves (machine parts)" in category 7 of the international classification. The trademark registration number is No. and the exclusive right period is from May 7, 2010 to May 6, 2020, At present, the obligee is Ruian Chuanyi regulating valve Co., Ltd. (hereinafter referred to as Ruian Chuanyi company)

the cited Trademark No. 1 is the written trademark of "Chuanyi", which was applied for registration on June 21, 2000 and approved to be used in "electric regulating equipment" and other goods in category 9 of the international classification. The exclusive right period has been extended to August 6, 2022, and the current owner is Chongqing Chuanyi company. The second cited trademark is the graphic Trademark No. 140325, which was applied for registration on June 30, 1980, and approved to be used in "electric actuator pneumatic diaphragm regulating valve" and other commodities of category 9 of the international classification. The exclusive right period has been extended to February 28, 2023, and the current owner is Chongqing Chuanyi company

[case development I]

Chongqing Chuanyi company filed a dispute application with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for the disputed trademark. On February 24, 2014, the Trademark Review and Adjudication Board made the decision on the trademark dispute of "Chuanyi Chunyi and Tu" (hereinafter referred to as the decision No. 10021) No. (2014) 10021, which held that the "hydraulic press" and other goods approved for use in the disputed trademark were different from the "electric regulating equipment" and other goods approved for use in the first class of the cited trademark in terms of function, purpose, consumption object, etc., and did not belong to similar goods, The disputed trademark and the cited trademark do not constitute the situation stipulated in Article 28 of the Trademark Law of the people's Republic of China (hereinafter referred to as the Trademark Law of 2001) as amended on October 27, 2001. The goods approved for use of the disputed trademark are quite different from the regulating valve and other projects of Chongqing Chuanyi company in terms of industry characteristics, and there is no obvious correlation. The rest of the goods approved for use in the disputed trademark are closely related to items such as regulating valves in terms of industry characteristics and belong to similar goods. The evidence in the case shows that "Chuanyi", as a significant identification part of the name of Chongqing Chuanyi company and its subordinate enterprises, is actually its trademark, and has a certain popularity in the industry after long-term use. Through the use of Chongqing Chuanyi company, "Chuanyi", "chuanjitu" logo objectively has the function of trademark. Its products cover the whole country. Ruian Chuanyi company should know the brand name and trademark. Its registration on goods other than "printing presses" constitutes the situation stipulated in Article 31 of the trademark law in 2001, and its registration on "printing presses" and other goods does not constitute the situation stipulated in Article 31 of the trademark law in 2001. The disputed trademark does not constitute the situation stipulated in Article 41 of the Trademark Law of 2001

in conclusion, the Trademark Review and Adjudication Board ruled that the registration of the disputed trademark on the goods of "printing press, hydraulic press, pneumatic door opener (machine parts)" should be maintained, and the registration on other goods should be revoked

[development of the case II]

Ruian Chuanyi company refused to accept, and filed a lawsuit to the Beijing first intermediate people's court to request the cancellation of ruling No. 10021

in the original lawsuit, Ruian Chuanyi company submitted a total of 6 copies of evidence, including its product publicity materials and physical objects, purchase and sales contracts, magazines such as China pump and valve encyclopedia, product manuals and documents

at this time, the Trademark Review and Adjudication Board must timely repair the submitted pleadings, disputed trademark files, cited trademark files, applications and evidence submitted by Chongqing Chuanyi company, dispute adjudication and other evidence materials

among them, the evidence about the historical evolution of Chongqing Chuanyi company in the evidence submitted by Chongqing Chuanyi company shows that: the establishment of Sichuan Thermal Instrument General Factory was approved in 1965; In 1975, Sichuan Thermal Instrument General Factory was renamed as Sichuan Instrument General Factory, and all branches were renamed as Sichuan Instrument No.1 Factory to No.17 factory, among which the regulating valve factory was renamed as Sichuan Instrument No.11 factory; In 1993, Chongqing Economic System Reform Commission approved Sichuan general instrument factory to join China Silian Instrument Group Company and reorganize it into Silian group Chuanyi Co., Ltd; 19919. One computer (KTC computer cpu1.7g/256 ddr/40g/integrated graphics card/antibacterial keyboard/antibacterial mouse/dos/hard disk protection function/15 "color display), preset with Windows operating system or specified by the customer; 1 set of color printer and 1 set of computer desk and chair In September, Chongqing state owned Assets Administration approved China Silian Instrument Group Co., Ltd. to establish Chongqing Chuanyi General Factory Co., Ltd; In 2000, Chongqing Chuanyi 11th factory was restructured into Chongqing Chuanyi 11th Factory Co., Ltd; In 2008, the name of Chongqing Chuanyi General Factory Co., Ltd. was changed to Chongqing Chuanyi Automation Co., Ltd. (Chongqing Chuanyi company); In 2003, Chongqing Chuanyi General Factory Co., Ltd. issued the notice on further cleaning up economic entities established by various units and standardizing the use of "Silian" and "Chuanyi" brand names. The internal documents show that all companies and branches, subsidiaries and branches belong to the "Chuanyi" system. The evidence about the popularity of the enterprise's business name shows that in 1989, the Chongqing Municipal People's Government awarded the regulating valve developed by Sichuan Instrument No. 11 factory the third prize of new product Baihua; In 1992, the Ministry of machinery and electronics awarded the regulating valve produced by Sichuan Instrument No.11 factory as the energy-saving product of Electromechanical industry; In September, 2003, the Ministry of science and Technology awarded Chongqing Chuanyi General Factory Co., Ltd. the title of "excellent high-tech enterprise of Torch Plan"; From 2003 to 2008, Chongqing Chuanyi General Factory Co., Ltd. was awarded the title of "top 50 industrial enterprises in Chongqing" by Chongqing Municipal People's government; The contract signed by China Nuclear Industry 404 plant and Chongqing Chuanyi General Plant Co., Ltd. on June 9, 2006, the cooperation agreement between China Power Investment Group Yuanda Environmental Protection Engineering Co., Ltd. and Chongqing Chuanyi General Plant Co., Ltd. on September 29, 2005, and the cooperation agreement signed by the automation branch of MCC Changtian International Engineering Co., Ltd. and Chongqing Chuanyi General Plant Co., Ltd. on June 24, 2005 all involve regulating valves and other commodities; In 2006, Chongqing Administration for Industry and Commerce awarded Chongqing Chuanyi General Factory Co., Ltd. the "Chuanyi" brand name as "Chongqing enterprise famous brand". As for the evidence that Chongqing Chuanyi company first used the non registered trademark of "Chuanyi", the relevant evidence shows the trademark of graphics

Chongqing Chuanyi company submitted evidence materials such as its company's historical evolution description, citation trademark II design introduction, media reports, honorary certificates, purchase and sales invoices, etc

the first intermediate people's Court of Beijing held that the Trademark Law of 2001 should be applied to the trial of this case. Since Chongqing Chuanyi company agreed with the conclusion of the No. 10021 ruling and requested the court to uphold it, and did not file an administrative lawsuit on the No. 10021 ruling, the focus of this case is whether the disputed trademark violates the provisions of Article 31 of the Trademark Law of 2001. The evidence in the case can prove that Chongqing Chuanyi company and its affiliated companies used a large number of graphic trademarks identical to the cited trademark II on "valves (machine parts)" and other goods before the date of application of the disputed trademark, but there is less evidence that it used "Chuanyi" alone, and the graphic trademark is quite different from "Chuanyi", and the evidence in the case is not enough to prove that the relevant public recognized the logo as "Chuanyi". Therefore, this machine of the Trademark Review and Adjudication Board is mainly used for the fatigue life test of various springs, elastomers, elastic components and other parts, and it is found that the disputed trademark constitutes a trademark that has been used by others and has certain influence by unfair means, which lacks factual basis. However, the existing evidence can prove that Chongqing Chuanyi company has a strong historical origin and relationship with Chongqing Chuanyi 11th factory, Chongqing Chuanyi General Factory Co., Ltd. and other companies. They are all enterprises of the "Chuanyi" system. To a certain extent, the popularity of the "Chuanyi" business name can be shared and inherited among these enterprises. Before the disputed trademark application, Chongqing Chuanyi company and its predecessor used a large number of "Chuanyi" trade names on "valves (machine parts)" and other goods, making the trade name well-known in the industry where "valves (machine parts)" and other goods are located. The registration of the disputed trademark on "valves (machine parts)" and other goods is easy to make the relevant public associate the disputed trademark with Chongqing Chuanyi company, or confuse and misidentify the source of the goods, thus damaging the interests of Chongqing Chuanyi company. In addition, the business license of Ruian Chuanyi company shows that its business scope includes regulating valves, so it should know the popularity of "Chuanyi" system in the industry. Therefore, the registration of the disputed trademark infringes the prior trade name right enjoyed by Chongqing Chuanyi company to "Chuanyi", and violates the provision of Article 31 of the trademark law in 2001 that "the existing prior rights of others shall not be damaged"

to sum up, according to the provisions of Article 54 (1) of the administrative procedure law of the people's Republic of China, the judgment: uphold the Trademark Review and Adjudication Board ruling No. 10021

[development of the case III]

Chongqing Chuanyi company refused to accept the original judgment and filed an appeal, requesting to maintain the results of the original judgment and the Trademark Review and Adjudication Board's ruling No. 10021 on the basis of determining that the disputed trademark constitutes an unfair means to preempt the registration of a trademark that has been used by others and has a certain impact on the trademark and that the disputed trademark and the cited trademark constitute a similar trademark used on the same or similar goods

the main reasons for appeal are: first, the evidence submitted by Chongqing Chuanyi company can prove that before the date of application for the disputed trademark, Chongqing Chuanyi company used the "Chuanyi" trademark in various business activities, and because it has high popularity and influence in the industry, the disputed trademark constituted the situation of preempting the registration of the trademark used by Chongqing Chuanyi company and has certain influence by improper means. 2、 The court of first instance did not comment and correct Chongqing Chuanyi company's claim that the disputed trademark and the cited trademark did not constitute the same or similar trademarks on similar goods, which was requested by the Trademark Review and Adjudication Board as a third party to correct the erroneous determination of the Trademark Review and Adjudication Board in the first instance litigation, on the ground that Chongqing Chuanyi company agreed with the conclusion of the Trademark Review and Adjudication Board No. 10021 ruling and did not file an administrative lawsuit, It violates the principles of legality review and comprehensive review of administrative litigation. Moreover, the goods approved for use of the disputed trademark and the goods approved for use of the cited trademarks I and II constitute similar goods, and the disputed trademark should constitute the situation stipulated in Article 28 of the Trademark Law of 2001

the Trademark Review and Adjudication Board and Ruian Chuanyi company obey the original judgment

after the trial, it was found that the facts identified in the original judgment were basically clear, and the disputed trademark files, the two cited trademark files, ruling No. 10021, the evidence submitted by the parties in the review and litigation procedures and the statements of the parties were supported by the evidence in the case

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