The Beijing Intellectual Property Court held that the trademark "Wang Mazi 1651" infringed the trademark right of the century-old brand "Wang Mazi", and finally rejected the claim of the owner of the trademark "Wang Mazi 1651". ”
Recently, a reporter from the Beijing News learned from the Beijing Intellectual Property Court about a century-old trademark lawsuit of "Wang Mazi".
It is understood that in this case, the century-old brand "Wang Mazi" found that a company had preemptively registered the trademark of "Wang Mazi 1651", and 1651 was the Gregorian calendar year when the time-honored brand "Wang Mazi" was founded. After submitting various evidence, the time-honored brand "Wang Mazi" filed a request for invalidation with the State Intellectual Property Office. The State Intellectual Property Office issued an invalidation ruling, ruling that the trademark "Wang Mazi 1651" was invalid. The owner of the trademark "Wang Mazi 1651" believed that the ruling infringed on its legitimate rights and interests, and filed an administrative lawsuit with the Beijing Intellectual Property Court.
The owner of the trademark "Wang Mazi 1651" believes that the types registered are paper and paper cutters, while the registered types of the time-honored trademark "Wang Mazi" are kitchen knives and scissors, which are not the same. After trial, the court held that in daily life, from the perspective of the use of goods, paper cutters and kitchen knives and scissors have a certain degree of intersectionality, and from the perspective of consumption channels, they also have a high degree of overlap.
Secondly, in the judicial procedure, it is necessary to consider the popularity of the trademark, the time-honored brand "Wang Mazi" has a high reputation after publicity and use, and if other entities apply for a registered trademark again, they have the obligation to avoid it, so as to protect the reputation of the time-honored brand.
In the end, the Beijing Intellectual Property Court held that the trademark "Wang Mazi 1651" infringed the trademark right of the century-old brand "Wang Mazi", and rejected the claim of the owner of the trademark "Wang Mazi 1651".
The judge said that the inheritance of the century-old brand "Wang Mazi" has gone through a very tortuous process. Beijing Knife and Scissors Factory first applied for the registration of the time-honored brand "Wang Mazi", and then transferred to Beijing Wang Mazi Scissors Factory in 1982, and in 1997, Beijing Wang Mazi Scissors Factory transferred the brand to Beijing Wang Mazi Industry and Trade Group. In 2000, due to poor management, the time-honored brand "Wang Mazi" was taken over by the Changping District Government and transformed into Beijing Lichang Wang Mazi Industry and Trade Co., Ltd.
The business entity of the century-old brand "Wang Mazi" is constantly changing, reflecting the following problems: first, the inheritance of China's time-honored brands should be valued, second, the time-honored brands need to be constantly updated if they want to develop, and third, the inheritance of time-honored brands needs legal protection. How to go global and how to protect its own rights and interests with the Civil Code and intellectual property related laws and regulations is worthy of discussion and consideration by the brand itself and all walks of life.
The judge reminded that due to the lack of understanding of intellectual property rights, many time-honored Chinese trademarks were preemptively registered. Only by protecting their own rights and interests with the weapon of law on the basis of innovation can the time-honored brand be better inherited.
Source: Beijing News
编辑：Sharon