Traceability of good eyesight "well-known trademarks": A lawsuit of 500 yuan

This newspaper on the good eyesight eye affixed to a number of problems reported yesterday (May 7), a self-proclaimed Zhengzhou Technology Engineering Co., Ltd. (hereinafter referred to as Zhengzhou New Vision) Brand contact of the sun, to the "daily economic news" sent a letter. On the National Trademark Office on the Internet can not find good eyesight eye stickers have been well-known trademarks in China, the letter replied that this is in a case through judicial recognition. The reporter obtained a good eyesight eye stickers trademark in January 2007 to obtain "well-known trademarks" certified copies of the civil judgments of the scanned pieces. However, there are many doubts about the information provided to the Tonghua Intermediate People's Court of Jilin Province (hereinafter referred to as Tonghua Chinese Academy), for example, the so-called "Chinese Academy of Medicine Medical and Health Products development Center science and technology industry base", has been the Chinese Academy of Medicine, the Ministry of Industry, the relevant responsible person At the same time, it is easier to identify "well-known trademarks" through judicial procedure than administrative cognizance, and it is easy to generate rent-seeking space. To this end, the Supreme People's Court in 2009 specially issued a normative document. To be certified with false evidence the verdict of Tonghua Chinese Academy in 2007 shows that the good Eyesight eye sticker trademark was still not a registered trademark, but through the judicial procedure, obtained "the well-known trademark" the attestation. Zhengzhou New Vision to request the court to determine good eyesight eye stickers trademark "well-known trademarks", the defendant to stop infringement. Through the trial, the court ruled that the good eyesight eye sticker trademark for "well-known trademarks", the defendant immediately stop in their production and sale of the eye products on the use of the trademark, and pay 500 yuan case processing fee. In the trial process, in order to prove good eyesight eye stickers "well-known", Zhengzhou New vision to provide a lot of evidence, mainly companies and media advertising contracts, and distributors of exclusive agency contracts, product sales scope and tax certificates and other documents, " Good eyesight eye paste access to the Chinese Academy of Medicine Health Care Products Development center of the Science and technology industry base certification "is also important evidence." However, according to the media reported earlier, the Chinese Academy of Medicine, the relevant officials of the industrial branch made it clear that the certificate is "invalid determination." Lawyer: Judicial cognizance of a lot of judicial cognizance of the "well-known trademark" possible loopholes, has long been the focus of the industry controversy. Century law firm Cao Zhiqun lawyer told reporters that to become a "well-known trademarks" can be through the administrative cognizance and judicial recognition of two ways. The former is mainly by the State administration of industry and commerce, the judicial cognizance is the court in the trial of trademark disputes, according to the request of the parties and the circumstances of the case, the relevant registered trademarks are well-known to make a determination. The administrative cognizance "well-known trademark" is very difficult, obtains the confirmation through the judicial lawsuit to be relatively much easier. Some places have a special agent "well-known trademarks" of intellectual property firms, forming a chain of operations, often a temporary establishment of a small company, the establishment of infringement of the facts, and then through litigation, by the court identified as "well-known trademarks." From 2008 onwards, the Trade and Industry Bureau of Zhejiang Province to abolish the judicial recognition of "well-known trademarks" of the license. Last March, Nantong Industrial and commercial department investigated 8 "well-known trademarks which obtained judicial cognizance by playing false lawsuit"”。 Cao Zhiqun lawyer said that in the past two years, "well-known trademarks" everywhere, the Supreme Court and the State Administration for industry and commerce should be cautious when required. In 2009, the Supreme Court issued a "well-known trademark" cognizance of civil dispute cases of the jurisdiction of the request, involving "well-known trademarks" identified civil dispute cases, by the province, the autonomous region of the municipal people's government in the city, the intermediate cities and municipalities, and the Intermediate Court jurisdiction. The other intermediate People's Court shall be subject to the approval of the Supreme People's Court for such civil disputes, and the unapproved Intermediate People's Court will not accept such cases.