China Judgment Document Network has issued relevant judgments.
According to the Beijing Higher People's Court, according to the existing evidence, it is impossible to prove that its products have the medical and health care function of preventing fire or even removing fire, so the word "afraid of getting angry and drinking" is likely to mislead the public.
According to the ruling made by China International Economic and Trade Arbitration Commission on May 9, 20 12, Jiaduobao has stopped using the trademark "Wang Lao Ji". At present, Guangzhou Wang Lao Ji Da Health Industry Co., Ltd., a wholly-owned subsidiary established by Guangzhou Pharmaceutical Group on 20 12, specializes in red cans, red bottles of Wang Lao Ji herbal tea and other products.
A month later, on June 3, 20 12, jiaduobao (the legal agent is Chen Hongdao, the chairman of the board) applied to the Trademark Office of the State Administration for Industry and Commerce to register the trademark "I'm afraid to get angry and drink jiaduobao" in the name of "Wang Lao Ji Co., Ltd.".
GPHL filed an objection with the Trademark Office on February 5, 20 13. After hearing the case, the Trademark Office decided not to register.
Jia Duobao refused to accept it and filed an application for review with the Trademark Review and Adjudication Board.
However, the Trademark Review and Adjudication Board continued to make a decision that "the trademark shall not be approved for registration".
The Trademark Review and Adjudication Board ruled on 20 16 and 0/619 that "fear of getting angry" and "drinking" in a trademark are easily understood by consumers as meaning "fear of getting angry and drinking", thus mistakenly thinking that the trademark is designated for use in commodities such as "medicinal nutritious drinks" and has certain functions of inhibiting getting angry. "Wang Lao Ji Company" clearly stated in the application that the goods designated by the trademark do not have and should not have the effect and function of solving the problem of "getting angry". Therefore, trademarks are designated to be used on commodities such as "medical nutritious drinks", which easily makes consumers misunderstand the functions and other characteristics of commodities.
Jiaduobao continued to file an administrative lawsuit with the Beijing Intellectual Property Court in the name of "Wang Lao Ji Co., Ltd.".
Beijing Intellectual Property Court rejected the claim of "Wang Lao Ji Company". The first-instance judgment held that the description of the trademark "Afraid of getting angry and drinking Jiaduobao" was misleading. Therefore, applying for trademark registration on medical nutritious drinks and other commodities violates the provisions of Item 7, Paragraph 1 of Article 10 of the Trademark Law of People's Republic of China (PRC).
Jiaduobao refused to accept the original judgment and appealed to the Beijing Higher People's Court, which accepted it on March 5, 2008.
The reason for Jiaduobao's appeal is that "I am afraid of getting angry and drinking Jiaduobao" is the original trademark combination of "Wang Lao Ji Company", which has trademark distinctiveness. If used on designated goods, consumers will not misunderstand the functions and other characteristics of the products. The evolution from advertising language to brand logo conforms to the provisions of Item 7 of Paragraph 1 of Article 10 of the Trademark Law and should be registered as a trademark.
On May 2018 10, the Beijing Higher People's Court made a second-instance judgment, dismissed the appeal and upheld the original judgment.
According to the judgment, the trademark "Afraid of getting angry and drinking Jiaduobao" can be divided into two parts: "Afraid of getting angry and drinking Jiaduobao". "Wang Lao Ji Company" also recognizes that "afraid of getting angry and drinking" was originally an advertising term, and the relevant public will think it is a propaganda term for the product function, which can be literally understood as "afraid of getting angry and drinking ...", indicating that the goods designated by the trademark will have the medical care function of preventing or even eliminating getting angry. Litigation trademark designated for "medical nutritious drinks; Infant milk powder; Baby food; Medical nutritious food; Medical nutrition; Commodities such as "medicinal candy" will remind the relevant public that eating the above-mentioned food with litigation trademark has the medical and health care function of preventing fire or even removing fire. However, according to the existing evidence, it is impossible to prove that the above-mentioned goods produced by it have the medical and health care function of fire prevention or even fire removal, so the word "fear of getting angry and drinking" is likely to mislead the public.
Alas, advertising is getting stricter and stricter.
The news comes from Netease News.