IP
"三粮液" filed by Wuliangye Liquor Group is rejected |
|
In order to prevent preemptive registration, Sichuan Yibin Wuliangye Group Co., Ltd. successively filed applications of "N+liangye" (N represents the number. Liangye means wine brewed with well selected grains) protective trademarks to the State Administration for Industry and Commerce (SAIC), such as 一粮液 (Pinyin: Yiliangye, Yi means one), 二粮液(Erliangye, Er means two), 三粮液 (Sanliangye, San means three), Siliangye (Si means four), etc. It aroused disputes between Wuliangye Group and other "liangye" companies. In the trademark dispute with Qiliangye (Qi means seven), Wuliangye won the court case, but it lost the case against Sanliangye. "三粮液" trademark filed by Wuliangye Group was objected by Shaanxi Sanliangye Wine Industry Co., Ltd. The Trademark Review and Adjudication Board (TRAB) accordingly disapproved "三粮液" trademark in the review ruling. Wuliangye appealed to court against the ruling. However, the court maintained the ruling of the TRAB. Wuliangye Group lost "三粮液" trademark. In 2001, the predecessor of Sanliangye Company Shaanxi Sanliangye Wine Factory filed "三粮液" trademark to the SAIC, but was rejected by the SAIC on the basis that "三粮液" was similar to "五粮液". On August 7th, 2003, the State Trademark Office under the SAIC identified "定军山三粮液" (pinyin: dingjunshansanliangye) trademark resisted by Sanliangye Company. Wuliangye Group filed "三粮液" trademark application in March, 2006. It passed the preliminary examination for approval by the Trademark Office. During the notice period, Sanliangye Company raised objection. In 2009, Wuliangye Group filed "三粮液" trademark application for the second time. Sanliangye Company pointed out it obtained the trademark of "定军山三粮液" in 2003. "三粮液" registered by Wuliangye Group was similar to "定军山三粮液" in function, usage and consumption target, which would lead to confusion. The Trademark Office stood by Sanliangye Company and rejected "三粮液" trademark application filed by Wuliangye Group. Appeal of Wuliangye dismissed Wuliangye Group, refusing to accept the decision of the Trademark Office, appealed to the TRAB on August 9th, 2010.Wuliangye said the reason it tried to register "三粮液" trademark was to protect Wuliangye brand, as the market was flooded with various "粮液" wine such as "三粮液", "六粮液" and "七粮液", which would cause great distress and damage to consumers. It is reported that Wuliangye Group had obtained trademarks of "一粮液", "二粮液" and "四粮液", which was one reason why the Group repeatedly asked to apply for "三粮液" trademark.In this regard, Sanliangye Company argued that as a local business, "定军山三粮液" was originally used by the Company. It has a high profile in the liquor industry.On February 23rd, 2012, the TRAB ruled that "三粮液" was similar to the key words of "定军山三粮液", holding that Wuliangye Group's opposition was untenable and "三粮液" trademark could not be approved for registration. Wuliangye lost the suit aganist the TRAB Unsatisfied with the ruling of the TRAB, Wuliangye Group sued the TRAB to Beijing No. 1 Intermediate People's Court.On October 10th, 2012, the Court held a public hearing for the case. Sanliangye Company submitted historical material evidences to court to prove Wuliangye as a local enterprise had used "三粮液" trademark for a long time.Wuliangye Group presented in court the file information about its registered "六粮液" and "七粮液" trademarks, and raised Sanliangye Company was of great possibility to mislead consumers.The Court held that "三粮液"applied by Wuliangye Group covered the similar goods with "定军山三粮液", thus maintaining TRAB's review ruling. Wuliangye Group finnally had to give up "三粮液" trademark |
Rm1907, Unit 2,Building NO.3,NO.1, BeiQing,ChangPing,Beijing 102206,P.R.China
Tel:86-10-62119266 Fax:86-10-62110146
E-mail: mail@justalen.com 京ICP备09085994号-2
Copyright © Beijing Justalen Intellectual Property Law Firm