"GPHL does not have the exclusive right to use the trademark of Wang Laoji on porridge products, so GPHL has no right to grant the trademark on porridge products. GPHL authorized Liang Guang industry to use the trademark of Wang Laoji, which violated the principle of good faith. " Yang Aixing, vice president of Jiaduobao Group, said. In addition, Jiaduobao said that the company is opposed to blindly diversifying the Wang Laoji brand.
Regarding the above statement of Jiaduobao, Shi, deputy general manager, told China Business News: "Wang Laoji is a well-known trademark in China. For trademark categories that are not yet available, we are applying and authorizing them. "
Controversial trademark right of porridge products
At the end of March, it was learned from the Chengdu Spring Sugar and Liquor Association that GPHL had licensed some trademarks of Wang Laoji to Liang Guang Industry for production and operation, and now it has launched healthy food-Wang Laoji Guyuan porridge and Wang Laoji lotus seed mung bean. This is the re-authorization of Guangzhou Pharmaceutical Group after 1997 authorized the trademark of Wang Laoji in red cans to Jiaduobao Group.
At yesterday's press conference, Yang Aixing quoted the relevant information of China Trademark Network, saying that "GPHL has not obtained the trademark right of Wang Laoji porridge products".
The reporter inquired about China Trademark Network and learned that in the trademark with the registration number of 6673 100, the applicant Wang Fusheng applied for the trademark right of porridge products, but the trademark process was shown as "objection", that is, "objection application or supplementary materials were received, pending trial".
"The above process means that no one owns the trademark right of porridge." Zhang Zhifeng, a partner of Beijing Jiahui Law Firm, told this reporter that according to the Trademark Law, within three months from the date of the announcement of preliminary examination and approval, anyone can raise an objection to the preliminary examination and approval of the trademark. The above trademark process means that some people have raised an objection to Wang Fusheng's application for the trademark of Wang Laoji porridge products, and it is still in the trial state. The Trademark Committee has not finally announced the trial results, which means that Wang Fusheng has not yet obtained the trademark certificate.
However, Shi said that Guangyao and the cooperation made it clear. "Guangzhou Pharmaceutical, the trademark of' porridge', is applying and the Trademark Office has accepted it."
Lawyer Zhang Zhifeng also told this reporter that the Trademark Law has specific protection measures for well-known trademarks in China. It is reported that the Trademark Law stipulates that a trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others and is not registered in China, which is likely to cause confusion, so it is not allowed to be registered and prohibited to be used.
Diversified differences of Wang Lao Ji
According to the data, GPHL only granted the brand use right of canned herbal tea to Jiaduobao, and also owned the trademark rights of Wang Laoji in several product categories.
Lawyer Zhou Danqing of Guangdong Fangbo Law Firm, who has been engaged in patent disputes for a long time, believes that if GPHL signs a non-exclusive agreement with Hong Kong Hongdao Group, as a trademark holder, GPHL has the right to conduct new licensing activities.
For the future of Wang Laoji, Guangyao obviously has its own ideas.
In June last year, 5438+065438+ 10, GPHL announced in a high-profile manner that the brand value of "Wang Lao Ji" under GPHL was10801500 million yuan, making it the brand with the highest evaluation value in China. In the Twelfth Five-Year Plan, one of the main strategies for GPHL to "build a big health industry" is to independently operate the Wang Laoji brand with all walks of life at home and abroad.
However, the Jiaduobao Group, which mentioned the trademark of Wang Laoji, held different opinions on the above practices.
Yang Aixing said at yesterday's press conference that the blind and diversified development across the beverage industry and even the food industry with the help of Wang Laoji's trademark does not conform to Wang Laoji's brand connotation of focusing on herbal tea production, and also deviates from the authoritative guidance of the state on the overall protection of intangible cultural heritage.
In response, Shi Shaobin responded: "Guangyao is willing to make the Wang Laoji brand stronger and bigger, not just verbally. We didn't say who wouldn't do it. Interested and powerful companies can talk to us. "
2011April 12 source: China business news.