On December 7, 2009, foshan's "Shiwan Doll" geographical indication trademark was officially adopted, and it has been used for nearly 12 years, although it is protected by national laws, there are still people who want to fight it.
On October 20, 2021, the reporter learned from the Foshan Ceramic Industry Association that in December 2020, someone had submitted an application for cancellation of the trademark to the State Intellectual Property Office on the grounds of "not using it for three consecutive years". What was the end result?
"Shek Wan Doll"
It is the fourth geographical indication trademark in Foshan
What were the causes and consequences of the event? Let's start with the registration of shek wan dolls to the use of them.
Shiwan art ceramic sculpture is commonly known as "Shiwan doll". Since the Ming Dynasty, "Shiwan Doll" has gradually formed its own style and become a wonderful flower in the history of pottery in China and even the world. For a long time, "Shiwan Doll" is only a common name, and has not been legally recognized and protected, many foreign production of art ceramics often play the "edge ball", with other ceramic products to the outside world "promotion" as "Shiwan Doll", seriously affecting the reputation of the overall products of Shiwan Doll.
In 2008, under the guidance of the two levels of industrial and commercial departments in Foshan City and Chancheng District, the Foshan Ceramic Industry Association applied for the registration of the "Shiwan Doll" trademark, and formulated the "Shiwan Doll" Geographical Indication Certification Trademark Management Rules" and a series of supporting documents such as product quality standards, stipulating that member enterprises can only produce art ceramics in strict accordance with quality standards, and after authorization by the association, they can use the "Shiwan Doll" trademark on their products, and other non-member enterprises and individuals are not allowed to use "Shiwan Doll" The identity of .
The trademark "Shek Wan Doll" has been successfully registered since 2009 and is valid for renewal until December 6, 2029.
In 2009, with the approval of the State Trademark Office, "Shiwan Doll" was officially registered as a geographical indication certification trademark, which is the fourth geographical indication certification trademark successfully registered in Foshan, marking that the "Shiwan Doll" trademark is officially cloaked in the cloak of law and protected by law.
Some people even want to play the idea of "Shek Wan Doll"
The Municipal Ceramics Association actively defends its rights
On January 26, 2021, Mr. Yu applied to the State Intellectual Property Office to revoke the registration of the Foshan Ceramic Industry Association No. 7134888, Class 21 "Shiwan Doll" trademark on all approved goods such as "porcelain artworks" on the grounds of "not using for three consecutive years without a legitimate reason".
After receiving the information, the Foshan Ceramic Industry Association immediately submitted to the State Intellectual Property Office a certificate of use of the trademark "Shiwan Doll" from January 3, 2018 to January 25, 2021.
On August 13, 2021, the State Intellectual Property Office issued a document rejecting Mr. Yu's application for cancellation in accordance with Article 49 of the Trademark Law and Articles 66 and 67 of the Implementing Regulations of the Trademark Law.
The State Intellectual Property Office issued a document rejecting Yu's application for revocation.
Chen Zhen, secretary general of the Art Ceramics Professional Committee of Foshan Ceramics Association, said that at present, there are 200-300 Shiwan doll workshops in Shiwan, and the level of workshop production is uneven, through the protection and full use of the geographical indication trademark of "Shiwan Doll", it plays a positive role in the development of Shiwan dolls, and is also a positive response to the requirements of the municipal government to "build the ceramic industry into a world-class industrial base".
Chen Zhen said that the geographical trademark is a logo shared by the whole Shiwan doll industry, which needs to be uniformly recognized and jointly maintained by the whole industry, and the Foshan Ceramic Industry Association has formulated relevant industry standards and management methods that regulate the quality of Shiwan dolls, only more and more products that meet the standards can continuously improve the overall level of the Shiwan doll industry, establish the brand image of Shiwan dolls, and make Shiwan dolls become familiar with the golden signboards of people at home and abroad.
The "Shek Wan Doll" trademark has gone through 12 years
Over the years, Foshan Ceramic Association has achieved good social effects through multi-channel publicity and wide dissemination of the "Shiwan Doll" trademark.
On May 25, 2010, the association announced to the public the "Shiwan Doll" Industry Standard, the "Shiwan Doll" Certification Trademark Logo Management Measures, the "Shiwan Doll" Certification Trademark Management Implementation Rules" and the "Shiwan Doll" Certification Trademark Licensing Measures" to guide the industry to standardize, orderly, healthy and sustainable development, and began to use the laser anti-counterfeiting trademark printed with the "Shiwan Doll" pattern and words in 2016, and continues to use it until now.
At present, there are 10 ceramic enterprises and institutions in Foshan that are authorized to be used by leading enterprises in the industry and master studios to use and promote the geographical indication trademark of "Shiwan Doll", namely Shiwan Mingjia Art Ceramics Factory in Chancheng District, Foshan City, Pottery Pottery Studio in Chancheng District, Tongqing Shiwan Doll Museum in Chancheng District, Wu Juqiang Ceramics Business Department in Chancheng District, Changcha Qianye Art Ceramics Factory in Chancheng District, Foshan City, Yang Ruihua Ceramics Studio in Foshan City, Guangdong Xinmei Home Furnishing Ceramics Research Institute, Zeng Xinchang Pottery Studio in Chancheng District, Foshan City, Lindong Pottery Studio in Chancheng District, Foshan City, etc.
Foshan Xinshiwan Fine Arts Ceramics Factory Co., Ltd. is authorized to use the "Shiwan Doll" trademark certificate.
Over the years, the Foshan Ceramic Industry Association has participated in the government's Shiwan doll's anti-counterfeiting work, effectively protecting the copyright of Shiwan dolls, playing a good deterrent and deterrent effect on counterfeiting and counterfeiting, and greatly safeguarding the reputation of the Shiwan pottery industry.
In December 2018, Foshan ceramic art masters Hu Zhibin and Wu Xiaoli's works "Dividend Ruyi" and "Smile Often Open" were suspected of being infringed and sold in the market. Foshan Ceramic Industry Association contacted the Foshan Municipal Copyright Bureau to communicate, and immediately took action to investigate and explore the Shiwan Doll Pottery Zodiac Market, prevent infringement, require infringing works to be removed from shelves, and reserve the right to pursue legal responsibility.
Foshan TV reported on the cross-provincial crackdown on ceramics infringement.
In 2019, some Shiwan doll pottery collectors reported to the Foshan Ceramic Industry Association that there are a large number of suspected infringement of The shiwan doll pottery works of Chinese arts and crafts masters Liu Zemian, Pan Bolin, Liu Bing, and Zhong Rurong on the Internet, and these works are mainly made of purple sand raw materials, which are very similar to original works and suspected imitation.
Foshan Ceramic Industry Association quickly launched an investigation after understanding the situation and sent a special working group to inspect and secretly visit, and has confirmed the relevant information of the suspected infringer, who is Guo Mou, who is engaged in purple sand pottery production in Yixing. The association demanded that it immediately stop the infringement, otherwise it would be held legally responsible. In the case of sufficient evidence, Guo deeply regretted his actions and promised the association to destroy the infringing molds and infringing works, and the cross-provincial crackdown on ceramics infringement was recognized by all parties and reported by the media.
From November 7 to 10, 2020, Shiwan Doll participated in the 2020 China (Beijing) International Fine Ceramics Exhibition, and Foshan organized 21 national masters and 39 provincial masters to participate in the exhibition with 62 works for the first time. The masterpieces are vivid, and 23 of them have the "Shiwan Doll" laser logo on the back.
On November 7, 2020, Shiwan Doll participated in the 2020 China (Beijing) International Fine Ceramics Exhibition, and a total of 23 works were pasted with the "Shiwan Doll" laser trademark on the back.
On September 27, 2020, the 3rd China Four Famous Pottery Exhibition (4+N) with the theme of "Famous Pottery Gathering in Ancient City, Creative Future Xingtao Capital" opened at the Jianshui Purple Pottery Museum, and the Foshan Ceramic Industry Association was one of the co-organizers of this event, and exhibited the Chinese Geographical Indication - Shiwan Doll on the spot.
Based on the multi-dimensional cooperation network built by the Foshan Ceramic Industry Association and the government to jointly protect and promote the "Shiwan Doll" trademark, the Foshan Ceramic Association was awarded the "Intellectual Property Protection Workstation" of Foshan City, and also received the trademark brand strategy support fund of the Foshan Intellectual Property Office for the protection of the original and anti-counterfeiting of the "Shiwan Doll".
On December 30, 2020, the Foshan Intellectual Property Protection Center and the Foshan Ceramic Industry Association signed the "Agreement on intellectual property protection of geographical indications in "Shiwan Dolls", strengthening the active monitoring of infringement and counterfeiting clues on the sales platform, carrying out assistance in the protection of rights in geographical indications and other related intellectual property disputes, providing solutions and rights protection suggestions, and providing intellectual support for the use, promotion and protection of the "Shiwan Dolls" geographical indications.
Foshan Intellectual Property Protection Center signed a contract with Foshan Ceramic Industry Association.
Attorney's opinion
Lawyer: Shu Qing (Senior Partner Lawyer of Guangdong Yaowen Law Firm, entered the first batch of Shenzhen foreign-related lawyer reserve talent pool in 2018)
1. What is "Trademark Withdrawal III"?
Trademark cancellation iii is the cancellation of a registered trademark that has not been used for three years. According to the provisions of China's laws, anyone can apply for trademark revocation of three, and the application for trademark revocation of three shall be submitted to the Trademark Office of the State Administration for Industry and Commerce of China to submit the "Application for Cancellation of the Suspension of the Use of the Registered Trademark for Three Consecutive Years", and explain in writing the actual situation of the unresponsed registered trademark. Trademark applicants are also required to pay a certain amount of official fees to the state. This evidence refers to the evidence used to measure the use of the applicant for the first three years from the date of submission of the application for withdrawal.
2. How to avoid "trademark withdrawal III"?
Trademark owners need to use registered trademarks correctly and in a standardized manner to avoid improper use that does not conform to the meaning of the Trademark Law. All kinds of use evidence should reflect the logo, user and time of the registered trademark, and in daily use, attention should be paid to regularly sorting out and archiving the evidence of trademark use, and the powerful trademark owner can also regularly notarize the use evidence.
A single evidence of trademark use, such as advertising items, packaging, shop signboards, store decorations, etc., often cannot fully confirm the use of registered trademarks; trademark registrants can submit various types of evidence to the trademark office, such as sales contracts, invoices, bills, advertisements, media publicity materials, materials for participating in various exhibitions, etc., so that these evidences corroborate each other, relate to each other, form a chain of evidence, and can more fully prove the use of trademarks. When conducting the defense, the trademark registrant shall provide as many evidentiary materials as possible to ensure the fullness and validity of the evidence.
3. Expert Support:
In case of extortion, report the crime to the police. If the trademark squatter extorts the victim or the enterprise and collects a fee, he can take the relevant evidence and report the case to the local police station.
Heard about the people of Foshan
Almost every house has a Shek Wan doll
Do you have one in your home?
Source, platform: Foshan Daily