Some time ago, the catering giant Haidilao and the Internet giant ByteDance suddenly joined hands across borders, but the goal was not to jointly do Haidilao's new Internet celebrity eating method or the Douyin hot pot version of the special effect filter, but to prevent the four trademarks that were being applied for.
Can haidilao and ByteDance join forces to attack, what trademark has yantai haishi marine biotechnology co., LTD. (hereinafter referred to as Yantai haishi company) registered?
These four trademarks have the same name, called "Jitter Sea Fishing". They are registered in 29 types of food, 31 types of agriculture and forestry fresh food, 33 types of wine, 35 types of advertising sales, the registration time is June 2020, and in December of the same year, the first review announcement. Soon, the trademark monitoring and early warning departments of Haidilao and ByteDance discovered these four trademarks.
Therefore, within the opposition period of the "Jitter Hailao" trademark, Sichuan Haidilao Catering Co., Ltd. and Beijing ByteDance Technology Co., Ltd. jointly filed a trademark opposition application for four trademarks registered by Yantai Haishi Company.
Haidilao believes that the scope of approved use services for the trademarks of "Jitter Hailao" and the trademarks of Class 42 "Haidilao", Class 35 "HI Haidilao" and Class 35 "Haidilao" registered by haidilao are similar services, and the trademarks of the two parties are similar in word composition, meaning and overall visual similarity, which has constituted a similar trademark on the above similar services, which is likely to cause confusion and misidentification among consumers.
Another opponent, ByteDance, argued that the opposed trademark and the class 29 "Douyin" trademark that he had previously registered constituted a similar trademark, and that the opponent had violated the principle of good faith by preemptively registering, copying and imitating his cited trademark in bad faith.
After trial, the State Intellectual Property Office held that the scope of services approved for use by the opposed trademark "Jitter Hailao" and haidilao's cited trademark belonged to similar services, which constituted an imitation of the trademark with a certain degree of popularity of the opponent. However, the IP Bureau rejected the objection application submitted by Douyin.
In the end, the State Intellectual Property Office ruled that the four "Jitter Hailao" trademarks applied for by Yantai Haishi Company would not be registered.
It is worth noting that after Haidilao raised objections to "Jitter Hailao", it also applied for a number of "Jitter Hailao" trademarks, and the international classification involved 29 types of food, 30 types of convenience foods, 32 types of beer and beverages, 35 types of advertising sales and 43 types of catering and accommodation. Obviously, in the face of the threat of adverse impact on its own brand image, Haidilao carried out trademark defensive registration in a timely manner, increased the protection scope of its own trademark moat, and ensured that its brand would not be affected by similar trademarks registered by others.
Trademarks such as "Shake the Sea" that rub hot and famous brands have not been in the minority in recent years. Enterprises should register their trademarks defensively in a timely manner and protect their trademarks and brands in order to reduce the prevalence of such trademark registrations. The failure of the registration of the "Jitter Hailao" trademark also reminds the trademark registrants that the development of their own brands should choose original trademarks with their own unique corporate culture, and they will develop and grow their brand operations day after day. After all, the heat of rubbing big brands, even if the enterprise has developed, it is difficult to escape the constraints of the law in the end, and the consequences are not worth the loss.
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