Granny With All Kinds Of Value -- A Record Of Trademark Dispute Of "Grandma" (2)

From the application of trademark to registration, it took only 1 years to complete the road, but Gaoping spent nearly 6 years.

In January 1996, the Anhui Trademark Office acted as an agent, and the Gaoping Gaoping roasted processing factory proposed the application of the trademark registration.

In May 1996, the State Trademark Office rejected the registration application on the grounds of "Granny" lack of significance. In the same month, Gaoping submitted a review to the national trademark review and Adjudication Board. In June 1999, the State Commercial Commission made a final decision that the "Granny" trademark should be given preliminary notice. In August 2000, the "grandma" trademark was first announced in the 746th issue of the trademark notice. In February 2001, Ningbo Heng Kang Food Co., Ltd. raised objection on the grounds of lack of significance. In the April 2001, the State Administration for Industry and Commerce issued a notice of closure because of Heng Kang company's withdrawal of objection application; in Gaoping May 2001, the roasted processing factory got the trademark registration certificate. Dart

In the long period of 6 years, Gaoping has been able to make steady progress in the helpless and anxious waiting. In the most part of China, the brand of "grandma" has grown louder and louder. It has also been exported to the United States, Canada and Hong Kong and Taiwan. Its annual sales volume is more than 4 million yuan, and the reputation of the enterprise is also growing.

From April 2000 to July, by the State Intellectual Property Office, 4 patent designs of "grandma" series of products were approved.

The controversy over the trademark "longevity" of the "grandmother" longevity right, "the grandmother", is the contradiction between the application of the first registration and the prior registration. In a sense, it exposes some flaws in the legislative principles of the trademark laws and regulations.

The eighteenth article of the trademark law clearly stipulates that two or more than two applicants who apply for registration with the same or similar trademarks on the same or similar commodities shall be examined and approved by the first instance and announced the trademark that applied for the prior application.

Only when two or more than two applicants apply on the same day will they consider the use of prior practice.

Of course, the twenty-seventh and first paragraphs of the trademark law and the twenty-fifth rules for the implementation of the trademark law clearly stipulate that anyone can obtain registration by deception or other unfair competition means, and anyone may request the Trademark Review and Adjudication Board to adjudication to cancel it.

But the history of "grandma" is so complicated. Although Gaoping is not the first user of "grandma", it has an invaluable contribution to making the brand of grandma.

Is it legal registration or improper registration? It seems that we have to wait for the Trademark Review and Adjudication Board of the State Administration for Industry and commerce to decide in accordance with the law.

In the face of the "grandmother" trademark registrant, the Gaoping roasting processing factory and the numerous "grandmothers" trademark, the actual use of people's unyielding situation, the leaders of the Anqing trade and Industry Bureau and the trademark management departments have organized the special investigation to make a thorough investigation of the basic situation of the formation, development, registration and actual use of the "grandma" trademark. With serious problems, they have repeatedly studied the trademark laws and regulations, established the guiding ideology of "regulating the use of law in accordance with the law and facilitating the joint operation", and unified the ideological understanding: the trademark of the "grandma" registered by the Gaoping roasting processing plant has been granted the right to exclusive use of the trademark in accordance with the law, and it is rightly protected by law.

The exercise of trademark right is not affected by whether or not it is applied for cancellation.

In view of the fact that the "grandma" trademark has been formed and used in Anqing, we must proceed cautiously. We must stop trademark infringement according to law, and do ideological work steadily according to the actual situation.

On the basis of clear objectives and unified understanding, the Anqing Municipal Industrial and commercial organization has done a few specific tasks: through the reception and visits, on-site investigation, fully listening to the opinions of all sides, and publicizing laws and regulations in accordance with the law and combining with reason, trying to alleviate the contradictions and preventing contradictions from intensifying.

According to the case, the industrial and commercial organ made a fair statement, effectively narrowing the distance between the two sides of the dispute. In the name of the Anqing Municipal Bureau of industry and commerce, he issued a notice to the county, city and district authorities for protecting the exclusive rights of the trademark.

The notice clearly stipulates that a roasted food packaging bag with the word "grandma", which has been printed before, is not allowed to be used without the permission of the trademark registrant. It must be used for the use of the word "grandma" as the name of the enterprise before it has been approved by the industrial and commercial organs, and the word "grandma" must not be highlighted.

The trademark right of "grandma" is very difficult from every step to the right.

At present, the attitude of the industrial and commercial organs at all levels in Anqing is clear and positive. It is also meticulous and prudent. However, if we really want to achieve the goal of "standardizing the use of law and promoting joint efforts", we must only "fry", and development is the absolute principle.

It is still a long way to go to "grandma" to live long and safe, and to train "grandma" into a big brand representing Anqing.