Shanghai Qualcomm v. United States high-pass trademark infringement
(March 17, 2015, Shanghai Qualcomm, China, held a press conference on rights activists to answer questions about alleged trademark infringement in the United States. )
The US Qualcomm has recently been in trouble in China. The NDRC has just concluded its antitrust investigation of the US Qualcomm, where China's Qualcomm Corporation held a media conference in Beijing to talk about the alleged infringement of the Chinese trademark "Qualcomm", the world's largest provider of Qualcomm. Qualcomm said it was not responding.
Local Qualcomm v. US high-PASS trademark infringement
As early as half a year ago in July 2014, Shanghai Qualcomm Semiconductor Co., Ltd. began to sue the United States Qualcomm without certification through the long-term use of "Qualcomm" trademark. At that time, Shanghai Qualcomm Semiconductor Co., Ltd. in charge of the company in 1992, registered the "Qualcomm" trademark, and the United States Qualcomm entered China in 1998, has been illegal possession of the use of the word "Qualcomm", its infringement of the Shanghai Qualcomm Semiconductor Co., Ltd. operation caused a bad impact and huge losses, To this end, the United States high Qualcomm to stop trademark infringement, the newspaper apology, and compensation for infringement loss costs 100 million yuan.
But the lawsuit didn't go well in six months.
According to Cheng Ruping, chairman of Shanghai Qualcomm Semiconductor Co., Ltd., Chinese companies sued US companies, which need to be submitted to the Foreign Ministry by Chinese courts under the Hague Convention, submitted to the U.S. Supreme Court by the Ministry of Foreign Affairs, and handed over to the U.S. state court for Qualcomm. The conduction work took almost half a year.
"And after the US Qualcomm received court documents, the US Qualcomm's Shanghai branch said the prosecution is not in the right place." Cheng Ruping said that in the meantime, Shanghai Qualcomm Semiconductor Co., Ltd. in China also encountered various problems, such as Shanghai Qualcomm Semiconductor Co., Ltd. originally owned by the "Qualcomm" category 38th trademark was revoked by the business judges. It is reported that the 38th category of trademarks revoked by the business judges can be used for cable television, telephone communications, mobile phone communications, such as ten categories of goods.
As a result, 7 months on file, the case has barely progressed and has not yet been held. "Cheng Ruping said.
Case progress is not smooth, Cheng Ruping this time choose and June venture as an activist advisor. And June pioneering because of the year to help only the crown sued Apple "IPad" trademark infringement and reputation for big noise.
Chen Joejin, a barrister and solicitor at Duan and Duan law firm, China's local Qualcomm, said the two years of Qualcomm in China also tried to circumvent the infringement, and its products are now no longer using Qualcomm, but using the 骁丽 Dragon brand.
Chinese "Qualcomm" trademark value geometry
Qualcomm Inc. (Qualcomm Inc.) Founded in 1985, 2013 with 17.211 billion U.S. dollars revenue to stabilize the world's IC design first. In the smart phone so popular today, its semiconductor industry in the name of the illustrious no one knows. The company began entering the Chinese market in 1998 to use "Qualcomm" as its Chinese trademark for its products and services. It was not until 2010 that the application for a high-pass trademark was applied, but was not registered as a result of the application for registration and use of the "Qualcomm" series trademarks by Shanghai Qualcomm Semiconductor Ltd.
2002 Shanghai Qualcomm Semiconductor Co., Ltd., through lawyers formally to the United States sent a letter of attorney, solemnly pointed out and asked the other party to stop the infringement. After the US Qualcomm issued a 50,000 yuan price to try to buy "Qualcomm" trademark, China Qualcomm refused.
So what is the value of China's high-pass trademark? Cheng Ruping said that any negotiations must have a basis, now can not talk about prices, and China Qualcomm also does not exist must be the issue of trademark transfer.