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Comments on "Red River" trademark infringement

 , Yunnan is China's western provinces, has a wealth of traditional cultural resources. In recent years, with the accelerated pace of economic development, intellectual property protection in Yunnan, and credited the judicial organs. Since its inception in 2002, Kunming intermediate court handling intellectual property cases since the Professional Division, 243 handled intellectual property civil cases, some of which is the first case in the country. Recently, the Kunming intermediate people's Court released the top ten intellectual property cases, and these cases not only with local characteristics, but also has some typical, for perfecting judicial impact far-reaching.
we will continue to publish these ten cases, together with the reader witness the history of Yunnan intellectual property justice.
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the plaintiff on the merits in Honghe cigarette factory has "Red River" right to use the trademark, the trademark approved use of cigarettes for the 34th class of goods. Defendant, Yiliang, Kunming Jin cleaning products company in the production of phosphate-free washing powder packaging, apply specific written as products of the plaintiff's trademark logo. To this end, the plaintiffs sued, asking the Court finds "Red River" trademark as a well-known trademark; the defendants to immediately stop the plaintiff "Red River" trademark infringement and to compensate the plaintiff's economic loss of 2 million Yuan. Court hearing found Honghe cigarette factory "Red River" trademark as a well-known trademark, the defendant shall not be used for commercial purposes, "Red River" trademark, and to compensate the plaintiff 10,000 yuan. Judge
reviews
the defendants in its significant production of washing powder packaging, to use the registered trademark of the plaintiff-specific script for "Red River" two characters identified as its main, in fact, plays a role of trademarks. This Act violated the plaintiff's right to exclusive use of a registered trademark shall be according to the concrete analysis of concrete conditions.
plaintiff's "Red River" trademark approved use of cigarettes for the 34th class of goods, production and sales of goods of the accused for the detergent, both of which are not identical or similar goods. In the case of the plaintiff's trademark is not a well-known trademark, the trademark does not enjoy special protection for famous trademarks, only on identical or similar goods or services within the scope of protection, could not determine the defendant's Act violated the plaintiff's right to exclusive use of registered trademarks. Only when the plaintiff's trademark as a well-known trademark in order to convicted the defendant damaged the plaintiff's right to exclusive use of registered trademarks.
this main is based on famous trademark has is high of visibility and business reputation inspired force, others even in not same, and not similar like commodity or service Shang using the trademark, also will caused public of errors recognize, think its commodity or service of source and famous trademark in business subject and commercial reputation aspects has a species contact, caused confused or errors recognize, to makes the line is profit, or led to reduced famous trademark explicit with sex, and damage its business reputation value of malignant consequences. Therefore, the plaintiff's "Red River" should be recognized as well-known trademarks registered trademarks, became the determining whether infringement of the defendant's premises.
a trademark in order to be recognized as a well-known trademark, you must submit an application by the right holder of the trademark, trademark administration recognized by the State. In addition, the Supreme People's Court on several issues concerning the trial of civil dispute cases trademarks applicable law provisions of the interpretation: "the people's courts in the adjudication of disputes, according to the request of the parties and the specific circumstances of the case, may found on a registration involved whether a trademark is well-known. "Of course, in this way identified by well-known trademark is also recognized, in particular trademark infringement proceedings, the parties have been trademark administrative authorities or people's Court determines that requesting protection of well-known trademarks, and the other party agrees to well-known trademarks involved, the people's Court to stop censoring. Challenge, the people's Court in accordance with the provisions of the trademark law article 14th review.
under the People's Republic of China trademark law provisions of 14th, well-known trademarks shall consider the following factors: public awareness of the trademark; the use of trademarks in duration; of the trademark the duration, extent and geographical area of any promotion; the trademark as a well-known trade mark protected records; other factors in the brand famous. In the case of "Red River" trademark has been plaintiff last for 15 years. In the past 15 years, after plaintiff's proper operation, Honghe cigarette factory and "Red River" brand of cigarettes in the country enjoys a high popularity and reputation in the market, can be deemed "Red River" trademark as a well-known trademark.
anyone copying, imitation, translation, others to register well-known trademarks or main part, used during the same or a similar product, misleading the public, resulting in the well-known trademarks which may damage the interests of the registered person, belonged to the provisions of the trademark law of harm is done to others right to exclusive use of registered trademarks, shall bear the corresponding legal responsibility.

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