After 8 years of struggle, ” Cabernet “The case made new progress: The Beijing Intermediate People’s Court judge for a national trademark on the mark re-evaluation committee to determine. Industry experts believe that intellectual property rights in such cases are not isolated cases of the case, such as the honored person prior to the Hainan Lan Tea Case.

Generic name or brand Determine “Cabernet,” whether one of the criteria for registration as a trademark is: “Cabernet” whether it is the common name, whether public resources industry? According to the provisions of trademark law, common name can not be registered as trade marks.

Great Wall prosecution that Cabernet is the French term “Cabernet” translated from a Wine Of a species. Changyu Related to the company stating that, “Cabernet” is the Changyu Company concocted vocabulary, pronunciation similarity can not be “Cabernet” is translated from the basis. Zhang Yugong customs official told reporters, “Cabernet” is a 1931 Renzhang Yu Wang Xu, general manager of the Company’s “Chinese and Western fusion,” “carrying, contains all” concept to get inspiration.

Registered trademark of why “is common”

Although Changyu said, “Cabernet,” the property of their special, but the market labeled “Cabernet” grapes Wine Everywhere. Changyu, said general manager Zhou Hongjiang, according to “Trademark Law” 52,53,54 provides some production now labeled “Cabernet” on the product is infringing. “We all know, has now entered the judicial process, how can we do?”

8 years why the fight game

Fighting for “Cabernet,” the name behind the huge interest of the industry. Insiders said, “Cabernet” on Sell 3 billion, the manufacturer has put its promotional costs, once registered by Changyu successful, then re-train the new brand will be no small cost.

Zhangyu general manager Zhou Hongjiang that, once the “Cabernet” not as a trademark of Changyu, the impact on the Changyu is enormous. “Because there are well-known among consumers, now have foreign grapes Wine Cabernet business use, this is sad. “

“Cabernet” trademark or revoked

Hainan University School of Law Associate Professor Zhang Lina that the law is to safeguard the public interest as the starting point, to protect private rights, it is necessary to protect the public interest as the premise, which is the core of the intellectual property system. If Changyu successful “Cabernet” trademark, other companies are only two ways: First, stop using the “Cabernet” name, which means that these companies early on, “Cabernet” propaganda put all in vain; 2 other companies pay to the Changyu, which will increase certain expenditures of these enterprises. In addition, if Changyu monopoly “Cabernet” or will cause the price high.

Therefore, Zhang Lina that the outcome of the case may be, “Cabernet” trademark has been canceled, and degradation for the common name. Zhang Lina said, intellectual property rights in such cases are not isolated cases of the case. If the case before the Hainan Lan and elegant tea, “Lan honored person” is an enterprise registered trademark of Hainan, was also used to name the other companies to court. Lastly, the Court held “blue and elegant” is the common name, trademark has been canceled.

Wine ” Cabernet “Trademark dispute, fighting for nearly 8 years, playing complicated and confusing, many of the details, so the law, too professional, and also so long ago?? Has been pulled out of 70 years.

Recently that this naughty, quite large, I spent a bit more energy to study, study finally clear. It does not matter is not clear, a clear, also found that this is a big century, comparable to widely spread under the Water Margin “Li Gui,” posing “Li Kui.” But, then Li Gui only willing to secretly haunted, but today’s “Li Gui,” you can jump to the stage to the “Li Kui” “try sky high.” This is precisely what I want it to?? Fun.

This matter did not complex: 70 years ago, Changyu Grape Wine Factory invented a unique grape taste Wine , Named “Cabernet”, exclusive of 60 years; and several registered trademarks, still quite brand protection awareness. Until 10 years ago, the Great Wall Winery began producing wine, what name? Feel that “Cabernet” Yes, well-known in the market, also with it. With the use of the Changyu Winery quit, not to use the; the Great Wall were not done, refused to quit, have been common, and you should let it confiscated for “Cabernet,” a common name ah … …

Sounds ridiculous, in fact, that simple.

However, I still want to pursue this simple behind the “simple”?? Why the veritable “Li Gui,” can be reported to the palace, “Li Kui”?

In fact, this is a historical origin. 70 years ago, I believe Changyu is registered, “Cabernet” trademark?? Please you to check information on the proceedings, it can always find some clues. 60 years ago, the liberation, all in the past to re-register a trademark of All?? Attention, re-registration, is Honored They can take home the old trademark, the trademark is not all “confiscated” the.

Zhangyu business originally private company, be regarded as trials to 50 years starting from the last century three separate occasions to the State Trademark Bureau “Cabernet” trademark applications for registration, until this century in 2002, finally got my trademark. This is what could be in trouble, then there are the Great Wall were also dozens of wineries were using “Cabernet”, so re-registered successfully Changyu, Great Wall, which means they can not use the “Cabernet,” the trademark the. Great Wall have indiscriminate investments in droves to protest, “above” this registration will soon be dismissed; the withdrawal, Changyu and certainly not dry, but also to protest, this protest is 6 years, in 2008, Changyu finally has triumphed; the Great Wall were not done, the appeal to the court, the judges state business. The court held that the Great Wall to provide a lot of new evidence that “Cabernet” is not Zhangyu family, Changyu has provided much new evidence, that “Cabernet” from “ancient times” is “our house”, and then forget it, simply go to the judges or by the business, “BIA” it … …

Something so simple? Really that simple! If you think this story is complicated, so I resort to a metaphor we are most familiar. A 70-year old one, the times they change, to the chaos of the times, old one of “being” admitted to many people, it was discovered after the old house by the door, hall door, back door, was a most convenient diameter, so We will from this way through the aisle. Then again, old one, and the younger generation that this house is our house, and you walk around, I is not convenient ah, so that it will close the path to be the neighborhood are anxious, I step on the road more than a dozen years, and on what basis that this road is your home, ah! Take your real estate license then come! Year’s real estate license to find out, but not useful?? Liberation of real estate license is not a comprehensive and balanced Moreover, this route can not walk, can not live in the old house, this is not the loss of everyone’s interests? ?? That it is time everyone?? It “universal” it!

Result, “Li Gui” were on the downtown court.

I would like to venture to ask is, if your home quickly moved into the old one because some people would be asked to forfeiture, would you like? Reasonable and unreasonable? If the answer is no, Is Changyu’s “Cabernet” on the forfeiture? On the “universal”?

Disengagement of these disputes, I think that this thing, regardless of outcome, are tragic.