The Monkey King War of Zhejiang trademark infringement chaos like the Austrian General Electric

The competition of Liu Market is urgently waiting for the amendment of trademark law. "A trademark that looks too much is bound to have a dispute. September 18, said fan.　　In the founder of the Hangzhou Austrian Electric Appliance Co., Ltd. (HK0477), the trademark dispute between Prao and Zhejiang Modern New Energy Co., Ltd. is tantamount to a genuine Monkey King war. The reporter was informed that the third revised trademark law (revised draft) has formally entered the legislative process, which specifically proposed to strengthen the protection of trademark exclusive rights.　　But before its introduction, the protracted trademark dispute remained fraught with uncertainty.　　"The True Monkey King" fan recently found that a company called "Zhejiang Ling Pu Electric Appliance Co., Ltd." (hereinafter referred to as Zhejiang Limps) enterprises, the use of "Aopu Prao" (Hangzhou Prao registered trademarks as "Aupu Prao") and "Ling Prao" two registered trademarks, in the sale of integrated ceiling lighting, heating and other products. Fan is no stranger to Zhejiang Limps. Since 2002, Limps predecessor of the Department of Jiaxing Wang Dian Rainbow Electric Factory, its products outside the packaging label "Austrian Electric (Shenzhen) Co., Ltd.", "Austrian Electric (Hong Kong) Limited" and other plant names.　　2004, the Zhejiang Bureau of Trade and Industry found that this violation of the law against unfair competition, the "seizure and destruction of packaging containing illegal signs, a fine of 180000 yuan" punishment.　　Limps then how to get "Aopu Prao" and "Ling Prao" trademark right to use it? Data show that "Aopu Prao" trademark in 2001 by the Wenzhou Ruian Qi Cai Trading Co., Ltd. application, its products include the 6th category of "Metal building Materials", 2009 transfer to Zhejiang Modern New Energy Co., Ltd. (hereinafter referred to as Zhejiang Modern Company). and the 11th category "Ling Prao" trademark, originally for Wenzhou personal Sun Zhodong 2002 registration, and then transferred to Zhejiang Modern company.　　At the end of last year, these two trademarks were licensed for use by Limps.　　This April, the Zhejiang Bureau of Trade and Industry to subordinate Municipal bureau issued "on the investigation of alleged infringement Prao integrated ceiling products Notice", identified Zhejiang Limps "Aopu Prao" trademark and Hangzhou Prao trademark produced a confused, suspected infringement.　　In this regard, Zhejiang Hyundai Company Responsible said: The notice lacks the legal basis, China's trademark law stipulates that the National Trademark Office in charge of the National trademark registration and management, the Trademark Review Committee is responsible for dealing with the trademark dispute matters, and Zhejiang Province Industry and Commerce Department has no right to classify the trademark registration commodity.　　Coincidentally, the world's top 500 branch de Bao group in Ningbo has encountered a problem of rights. It is reported that cod is one of the world's largest manufacturers of seals and shock absorber parts, since 1994, it has registered "Freudenberg and pictures" and the Chinese version of "Fort Bao" in category 24th "Non-woven worsted fabric and Nonwovens", and 2003, in category 17th "seal ring,　　Insulation materials, rubber shock absorbers, etc. "Apply for registration" Freudenberg "and" Freudenberg and map "trademarks. July 2005, the aboveThe application was dismissed by the China Trademark Office on the grounds that the trademark application and Ningbo boundless rubber and Plastic Co., Ltd. have been preliminarily approved and announced the trademark approximation. 2002, Ningbo Boundless Company in the 17th category of goods to apply for registration of "Freudenberg" trademark (Application No.: No. 3123532), the trademark in the early March 2003 trial notice.　　This is the start of the human Rights marathon.　　Until now, the dissent review of the dissent trademark is still in trial.　　A similar trademark and patent dispute is on the rise in the new trademark law. In Zhejiang Province, for example, Pepsi-Cola, Schneider, Electrolux and other multinational companies have sued Zhejiang Private Enterprises trademark infringement, most of which ended in a lawsuit.　　Among them, Pepsi for trademark infringement award for the Blue Wild wine industry RMB 3 million, and Schneider due to patent infringement pay Chint 157.5 million yuan.　　At present, Zhejiang Province Court is hearing more than 10 million yuan of intellectual property cases of more than 30 pieces, such as the Li Dao of France which wine infringement trademark special disputes, litigation request amounted to 106 million yuan. It is worth noting that the case of Cross-border trademark disputes is mostly time-consuming.　　To Wenzhou Zhuang Ji Group "George Judger and map" trademark, for example, 2001 Wal-Mart in China to register the trademark, until the end of 2009, the trademark by the Beijing High Court final Judgment Guizhuang Kyrgyzstan all.　　Beijing High Court Judge Chengyongshun to this newspaper indicative, China's trademark right cycle is too long, the "gap" between the administration and the judiciary, the misunderstanding of "trademark classification" is an important cause of the trademark chaos.　　Chengyongshun told reporters that the state administration of industry and Commerce in the "trademark Law (revised draft)" Cancellation of the objection review procedures, dissidents can directly to the commercial judges to submit applications, the existing administrative, judicial four-trial procedure to three, but also to the objection subject qualification restrictions. It is understood that in order to improve the mechanism to prevent the registration of malicious trademarks, the draft will not only emphasize the principle of honesty and credit, but also prohibit the malicious copying of others prior to registration, has a strong significance and has a certain impact on trademarks, in the same goods on the registration of the Act,　　This also means that the protection of well-known trademarks will hopefully be further strengthened. Watch, Deputy Secretary-General of China Intellectual Property Research Institute, said to this newspaper, the manuscript has significantly increased the protection of trademark rights and administrative supervision: not only the local business sector should be responsible for the management of trademarks in the area, but also the implementation of the existing trademark law and the People's Court in the judicial interpretation of the　　At the same time, it is proposed to give heavier punishment to multiple torts. It is reported that the draft is now submitted to the State Council Law Office, formal access to the legislative process.