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The interests of the "Honeysuckle" trademark

author:Shangguan News

In recent years, disputes over the "honeysuckle" trademark have repeatedly attracted attention. Nowadays, the interest dispute behind the no. 603857 "honeysuckle" trademark may usher in a turning point.

According to a service announcement published on the official website of the State Intellectual Property Office, the State Intellectual Property Office has sent a letter to Shanghai Red Star Daily Chemicals Factory on August 15, 2022, which contains the decision of the State Intellectual Property Office on revoking the approval of the transfer and renewal of the registered trademark No. 603857 "Honeysuckle".

According to the China Trademark Network, the international classification of the "honeysuckle" trademark No. 603857 is 3, including cosmetics, emollients, perfumes, tamagma powders, and beauty creams.

The interests of the "Honeysuckle" trademark

Image source: The official website of the State Intellectual Property Office

Hundreds of businesses were sued

On January 25, 2022, the Jiangxi Health care and Disinfection Products Industry Association issued a statement saying that some members reported that they were sued by Shanghai Bili Cosmetics Co., Ltd. (hereinafter referred to as "Shanghai Bili") for the production and sale of "honeysuckle dew" involving infringement of No. 603857 "honeysuckle".

The association said that after receiving the summons for Shanghai Bili's lawsuit, the enterprises affiliated to the association did not know that the honeysuckle trademark had been revoked, and under the pressure of Shanghai Bili's lawyers' claims, they signed a so-called trademark understanding agreement ranging from 50,000 to 150,000 yuan and paid compensation; Many of the compensation was paid to the shareholders of Shanghai Bili, or the private bank card number of an outsider, or to the account number of the law firm involved in the lawsuit. Well-documented compensation has reached several million yuan. Enterprises that are unwilling to pay compensation have to hire lawyers to participate in the litigation, which causes the enterprises affiliated to the association to be overwhelmed and increases the legal costs.

The interests of the "Honeysuckle" trademark

Statement issued by Jiangxi Health care and disinfection Products Industry Association

The association also said that it knew that the object of Shanghai Bili's lawsuit was not only a member of the association, but also a member of the cosmetics and disinfection and health care products industry involving the production of honeysuckle labels nationwide, and there were hundreds of enterprises involved in the lawsuit.

According to Tianyan' inspection, Shanghai Bili has 132 court announcements against others or companies, most of which are trademark infringement disputes. According to the surging news, Shanghai Bili has initiated hundreds of trademark infringement lawsuits across the country with its holding of the "Honeysuckle" trademark, claiming more than 10 million yuan.

The interests of the "Honeysuckle" trademark

Screenshot from Sky Eye Check

The Jiangxi Health care and Disinfection Products Industry Association stated in a statement on January 25 603857 that it was found through formal channels that the (1994) Shang Ping Zi No. 15 "Honeysuckle" Trademark Improper Registration Ruling made on January 27, 1994 by Shang Ping Zi No. 15 was revoked on the grounds that it violated the provisions of Article 8, Paragraphs 6, 8 and 27 of the 1982 Trademark Law; It was also published by the Trademark Office on March 28, 1995.

It was resurrected after being revoked

According to an announcement released on the official website of the State Intellectual Property Office on September 6, the applicant for the trademark "Honeysuckle" No. 603857 was Shanghai Bili Cosmetics Co., Ltd. The recipient of the above-mentioned service announcement is Shanghai Red Star Daily Chemicals Factory (hereinafter referred to as "Shanghai Red Star Daily Chemical"), and is not Shanghai Bili, which claims to hold the trademark. According to the website of the National Enterprise Credit Information Publicity System, Shanghai Red Star Daily Chemical was revoked on November 12, 2002.

The interests of the "Honeysuckle" trademark

Screenshot from the website of the National Enterprise Credit Information Publicity System

Why is the recipient Shanghai Red Star Daily Chemical?

According to the surging news, the "honeysuckle" trademark file of the State Intellectual Property Office shows that the 603857 honeysuckle trademark involved in the case was registered by Shanghai Red Star Daily Chemical. According to the China Trademark Network, the application date of the trademark No. 603857 "Honeysuckle" is August 15, 1991, and the date of registration announcement is July 30, 1992.

According to the surging news report, the "honeysuckle" trademark improper registration ruling on January 27, 1994 shows that "honeysuckle" is a common Chinese herbal medicine, which has a heat-clearing and anti-inflammatory effect, and is used in cosmetics, perfumes and other goods, which is easy to make consumers think that such goods contain honeysuckle ingredients and have medicinal effects. As a trademark of cosmetic goods, it is already an improper registration.

According to this 1994 ruling, the Trademark Review and Adjudication Board of the former State Administration for Industry and Commerce ruled as follows: The trademark "Honeysuckle" of Shanghai Red Star Daily Chemicals Factory, registered with the Trademark Office, 603857, shall be revoked.

The interests of the "Honeysuckle" trademark

Screenshot from the Website of China Trademark Network

According to the China Trademark Network, by 2002, the revoked trademark No. 603857 "Honeysuckle" had been renewed, and it had been transferred several times since then. The Paper reported that the trademark was eventually acquired by Shanghai Bili, and the exclusive right was until July 29, 2032.

Subsequently, since 2019, Shanghai Bili began to launch a trademark infringement lawsuit based on its holding of the "Honeysuckle" trademark.

Shanghai Bili's two applications for the "Honeysuckle" trademark were rejected

According to the website of the National Enterprise Credit Information Publicity System, Shanghai Bili was established on September 4, 1995, with the legal representative being Song Yong and the registered capital of 1.3333 million yuan.

It is worth mentioning that the company also applied for the "honeysuckle" trademark with an international classification of 3 twice in 2019 and 2022, but the current status is "refusal review". Among them, in 2019, the application for the use of trademarks in cosmetics, perfumes, talkma powders, moisturizing lotions, beauty lotions, beauty creams, beauty liquids; In 2022, the application will apply for the use of trademarks in cosmetics, body moisturizers, perfumes, talk powders, beauty creams, beauty liquids, beauty lotions, prickly heat powder, de-prickly water, and perfumed water.

Zhongxin Finance tried to contact the company, but the contact number was still unreachable as of press time.

Column Editor-in-Chief: Gu Wanquan Text Editor: Yang Rong Title Map Source: Shangguan Title Map Image Editor: Xu Jiamin

Source: Author: China News Network

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