Sunday, February 13, 2011

ruling shall revoke the trademark

For 9 years of "" trademark disputes of berries, and finally in 2011 early in the cold wind of mild curtain. ZhangYu group eventually get trademark ownership; Cofco liquor etc 6 companies gratis, used indefinetely trademark, the rest of the enterprise are prohibited from use. Such result is expected within, sensible.

Receiving the controlling shareholder ZhangYu group limited company of yantai "trademark lawsuit about" berries and review of cases of notified ZhangYu group, the results for the first 1748888 number still berries trademark legitimate holders, namely berries trademark shall remain the property of ZhangYu group.

Meanwhile, the state administration for industry and commerce the trademark review and adjudication board conciliation, ZhangYu group permission cofco wine Co., cofco Great Wall wine (yantai) Co., LTD, cofco huaxia Great Wall wine Co., LTD, cofco Great Wall wine Co., LTD, is a sino-french joint venture dynasty grapes for wine Co., LTD and shandong customer wine company limited by shares 6 companies such as free, used indefinetely berries trademark.

In addition, except for the ZhangYu group is used with permission ZhangYu stock company and the above 6 companies outside, other wine production management enterprise shall not use berries trademark.

ZhangYu, cofco for berries trademark race can be traced back to 2002. Data shows, when cofco company, etc ZhangYu group respectively on the first 1748888 registered trademark, it put forward to the trademark review and adjudication board to cancel the registration application. The trademark review and adjudication board lawfully accept such petition, the trial on May 26, 2008 to ZhangYu group, maintain the order of the registered trademark 1748888 number berries.

Since then, cofco company on the ruling disaffected, to the Beijing no 1 intermediate people's court by the trademark review and adjudication board to lodge a complaint, ZhangYu group as a third party in the case litigation. Beijing YiZhongYuan 2009 December 30 decision: although the trademark review and adjudication board to make the first 5115 number ruling program and all when, but because cofco ZhangYu group companies, etc, and all of the litigation procedure submitted a large may affect the trademark review and adjudication board entity decide result of evidence, if not be considered, which is unfavorable to the legitimate rights and interests of the parties to safeguard, especially may therefore harm public interests. Accordingly, the first 5115 number review and adjudication board shall, when considering submitted by the parties on the basis of new evidence, to make a decision.

After that, in this case to review process, presided over by the trademark review and adjudication board for conciliation, the parties voluntarily reach a settlement agreement announced today the.

For the evaluation results, the influence of ZhangYu akel says since 1997, the company has been in use since listing berries trademark production and sale of wine, use the trademark products in 2009 annual sales revenue accounts for about A company that year advocate business wu income of A third. The case was closed after the national will only includes company, seven home wine enterprises to use berries trademark production and sales wine, which will contribute to standardize market rank "berries" trademark dispute settlement after 8 years sequence, effectively remove berries brand wine existing malignant competition situation.

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