People hope to live younger and younger, and for enterprises is just the opposite, the older the more famous, so some young businesses or enterprises, also want to pretend to be old in front of the world, sell an old, this is not, Tianning District ShantiWan Garden Community next to a small food store, but also hung up the "century-old brand" signboard.
In Tianning District, Shantiwan Garden Community nearby, recently opened a "Detai Hengmin Food Factory", the above a sign also specially enlarged the words "Detaiheng" and "century-old brand", the store is selling some snacks and drinks and tobacco and alcohol and other foods, in this regard, many old Changzhou's hearts have doubts: "Just walked to the door I also specially went to see, selling that kind of dry goods, it seems a little wrong, Detaiheng is not a hotel, how to do supermarkets? ”
The picture shows a video screenshot
Speaking of Detaiheng, the first thing that citizens think of is catering, and there is currently one in the city center county straight street. It is understood that Detaiheng opened in 1908 in the thirty-fourth year of Qing Guangxu, featuring Su Chang flavor dishes. Could it be that the folk food factory in the shape of this small supermarket in front of you is also the business of this century-old store?
During the reporter's secret visit, the clerk stressed that although this store is not the same as the Detaiheng Hotel, it is absolutely legal for them to use the name of "Detaiheng". The clerk said, "We still have stores in University Town, several in total. ”
So, for this food store, which is also called "Detaiheng", how does the century-old store Detaiheng react?
Sultan, marketing director of Changzhou Detaiheng Catering Co., Ltd., said: "It pretends to use our catering brand of Detaiheng to appear as a century-old store with such an identity, we are very surprised and express very indignant, as our hotel party, we want to defend our rights." ”
Detai Hengda Hotel said that in mid-April, they had learned the news, and through investigation, they learned that the owner of this folk food factory was named Yi Chuanlin, and he had preemptively registered 5 categories of goods or services with the trademark of "Detaiheng" in his personal name, and the application date was June 11, 2012.
Zhang Xufeng, general manager of Changzhou Detaiheng Catering Co., Ltd., told reporters: "It is very regrettable, according to my understanding, that merchant is licensed to register the trademark, and I am more confused, because we are a century-old brand, how can others open a shop with the same name casually?" ”
Sultan, marketing director of Detai Hengda Hotel, said: "He knows that Detaiheng is a century-old brand, but also maliciously preemptively registered this brand in different categories, I think from his starting point, is to achieve his purpose of profit through the famous brand of Detaiheng." ”
Trademark registration is divided into 45 categories of trademarks, Changzhou Detaiheng Catering Co., Ltd. registered class is the 43rd class, the approved services are the scope of hotels, accommodation, cafeterias and other projects, while the registered classes of Yichuanlin are 29, 31, 32, 33, 35 categories, the approved goods or services are wide-ranging, including hotel business management, import and export agents, alcoholic beverages, fruits and dairy products, etc., then in the same city of Changzhou, this Yichuanlin registered "Detaiheng" What is the purpose of so many classes of trademark rights? Is it deliberately branding? The reporter came to the food store again, and the clerk said that the boss was on a business trip.
The clerk said that no matter what brand-name trademark, as long as the national law allows, they can spend money to register and use, so is this really the case?
Yu Bojun, a lawyer at Jiangsu Lotte Law Firm, introduced: "To some extent, this kind of registration exists to some extent, in fact, there is an obvious situation of bad faith preemptive registration, this kind of bad faith preemptive registration is related to the original trademark popularity and influence, and there is no trademark that has no popularity and no influence, and no one may preemptively register it." This can protect their legitimate rights and interests by filing a trademark opposition, through administrative litigation or through legal proceedings. ”
The lawyer believes that the century-old store Detaiheng is well-known in Changzhou, and the original brand trademark owner can file an opposition with the State Trademark Office to correct the other party's bad faith preemptive registration practice. In addition, in the view of folklore experts, the practice of this food store owner highlights the psychology of opportunism.
Changzhou folklore expert Ji Quanbao told reporters: "Pong large money, Pong famous brand, he did not know that De Tai Heng was set up by the Wu brothers and wife at that time a small liquor store, has been developing, first of all by relying on integrity, diligence, genuine goods, and then step by step development to today, so to say a hundred years old store, not you can lean out of the big money, is to rely on you honestly and seriously do it." ”
As the current operator of Detaiheng's century-old brand, Zhang Xufeng has reported to the Tianning District Market Supervision and Administration Bureau and is ready to start filing an opposition with the State Trademark Office. Wu Chongqing, the third-generation heir of the century-old founder of Detaiheng, also expressed indignation at this.
So, should the "Detaiheng" brand hanging high in the food store be picked? The reporter learned from the Tianning District Market Supervision and Administration Bureau that the Hongmei Branch has filed a case for investigation on this matter, and there will be relevant results soon, we will continue to pay attention to the development of the situation, please pay attention.