Editor's note: Following the iPad trademark dispute between Apple and Shenzhen Proview and Michael Jordan's suing of Jordan Sports for the infringement of the right to name, the trademark infringement case continues.
The trademark infringement case is being staged. This time the protagonist is the world-famous luxury brand “HERMES Hermes†because its Chinese trademark was used by the Dafeng Garment Co., Ltd. (hereinafter referred to as Dafeng Garment) of Shunde District, Foshan City, Guangdong Province in 1995. Years of registration.
Hermès encounters "Hermes"
Hermès International registered its trademark “HERMES†in China in 1977, but it was surprising that the Chinese trademark “Hermès†had not been registered. Since then, the Chinese trademark was registered by Dafeng Garment for garments, and Hermès International’s application for a Chinese trademark was rejected by the State Administration for Industry and Commerce's Trademark Review Committee (hereinafter referred to as the TRAB). Afterwards, Hermès sued the trade judges.
Hermès International sued the Trade and Industry Judge’s case recently in Beijing’s First Intermediate People’s Court. During the trial, Hermès International stated that on September 2, 1977, Hermès International, which holds the “HERMES†brand, registered the “HERMES†trademark with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office). The trademark and graphics were approved for use in the International Classification Category 3 cosmetics product, and were later approved for use in leather, leather, clothing and other goods. Hermès International proposed that Dafeng Garment’s cybersquatting of “Hermes†was based on the translation and imitation of “HERMES/Hermes†and requested the court to order him to make a new ruling.
The Beijing No. 1 Intermediate People's Court finally determined that most of the evidence submitted by Hermès International was formed later than the registration date of the “Hermes†trademark application. The relevant evidence is all reported by the media and all occurred in the Hong Kong area of ​​China. It is not enough to prove that Hermès International’s unregistered “Hermes†trademark has been known to the relevant public in the Mainland and this trademark does not constitute a registered well-known trademark.
Some brands face the same problem In fact, due to the lack of protection of intellectual property in the early days, cases of foreign luxury brands being “covered†in China have been commonplace. The most typical is the number of Valentino who withdrew from the Chinese market due to a large number of “defective brandsâ€. In addition, the French Pierre Cardin, South Korea's Golden Fox, Hong Kong classic cars, etc. have also been "wholesale" by mainland Chinese businessmen.
As China's luxury goods market has become increasingly prominent globally, relevant sources pointed out: “The Chinese luxury goods market is getting better and better. More and more people will want to take this to earn some short-term benefits, and the Chinese market is increasingly important. It means that foreign luxury brands will pay more attention to brand protection in this market."
However, there are also people in the industry who believe that the recognition of luxury brands by Chinese consumers is becoming more and more mature, and the â€œå‚ brand†has little effect on the luxury brands themselves. “Because the consumers on both sides are two groups, the consumers who will buy the brand will not be the target customers of the luxury brand. Naturally, the luxury brand consumers will not buy the brand products.â€
Hermes was registered as a "registration" process in 1977, "HERMES" and graphics to the Chinese Trademark Office to apply for registration. The brand only registered English trademarks but did not register Chinese trademarks.
On December 25, 1995, Dafeng Garment filed a trademark for “Hermes†with the Trademark Office and designated it for clothing and other goods. The Trademark Office has been initially examined and announced.
On June 27, 1997, Hermes International, which holds the trademark "HERMES", disputed the trademark. After the objection was not adopted, the company submitted a review.
On November 27, 2001, the Trademark Review and Adjudication Board issued a ruling to grant the “Hermes†trademark registration.
On May 3, 2011, the Trademark Review and Adjudication Board made a ruling to maintain the “Hermes†trademark. Hermès International is not satisfied with the ruling of prosecuting commercial judges.
The trademark infringement case is being staged. This time the protagonist is the world-famous luxury brand “HERMES Hermes†because its Chinese trademark was used by the Dafeng Garment Co., Ltd. (hereinafter referred to as Dafeng Garment) of Shunde District, Foshan City, Guangdong Province in 1995. Years of registration.
Hermès encounters "Hermes"
Hermès International registered its trademark “HERMES†in China in 1977, but it was surprising that the Chinese trademark “Hermès†had not been registered. Since then, the Chinese trademark was registered by Dafeng Garment for garments, and Hermès International’s application for a Chinese trademark was rejected by the State Administration for Industry and Commerce's Trademark Review Committee (hereinafter referred to as the TRAB). Afterwards, Hermès sued the trade judges.
Hermès International sued the Trade and Industry Judge’s case recently in Beijing’s First Intermediate People’s Court. During the trial, Hermès International stated that on September 2, 1977, Hermès International, which holds the “HERMES†brand, registered the “HERMES†trademark with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office). The trademark and graphics were approved for use in the International Classification Category 3 cosmetics product, and were later approved for use in leather, leather, clothing and other goods. Hermès International proposed that Dafeng Garment’s cybersquatting of “Hermes†was based on the translation and imitation of “HERMES/Hermes†and requested the court to order him to make a new ruling.
The Beijing No. 1 Intermediate People's Court finally determined that most of the evidence submitted by Hermès International was formed later than the registration date of the “Hermes†trademark application. The relevant evidence is all reported by the media and all occurred in the Hong Kong area of ​​China. It is not enough to prove that Hermès International’s unregistered “Hermes†trademark has been known to the relevant public in the Mainland and this trademark does not constitute a registered well-known trademark.
Some brands face the same problem In fact, due to the lack of protection of intellectual property in the early days, cases of foreign luxury brands being “covered†in China have been commonplace. The most typical is the number of Valentino who withdrew from the Chinese market due to a large number of “defective brandsâ€. In addition, the French Pierre Cardin, South Korea's Golden Fox, Hong Kong classic cars, etc. have also been "wholesale" by mainland Chinese businessmen.
As China's luxury goods market has become increasingly prominent globally, relevant sources pointed out: “The Chinese luxury goods market is getting better and better. More and more people will want to take this to earn some short-term benefits, and the Chinese market is increasingly important. It means that foreign luxury brands will pay more attention to brand protection in this market."
However, there are also people in the industry who believe that the recognition of luxury brands by Chinese consumers is becoming more and more mature, and the â€œå‚ brand†has little effect on the luxury brands themselves. “Because the consumers on both sides are two groups, the consumers who will buy the brand will not be the target customers of the luxury brand. Naturally, the luxury brand consumers will not buy the brand products.â€
Hermes was registered as a "registration" process in 1977, "HERMES" and graphics to the Chinese Trademark Office to apply for registration. The brand only registered English trademarks but did not register Chinese trademarks.
On December 25, 1995, Dafeng Garment filed a trademark for “Hermes†with the Trademark Office and designated it for clothing and other goods. The Trademark Office has been initially examined and announced.
On June 27, 1997, Hermes International, which holds the trademark "HERMES", disputed the trademark. After the objection was not adopted, the company submitted a review.
On November 27, 2001, the Trademark Review and Adjudication Board issued a ruling to grant the “Hermes†trademark registration.
On May 3, 2011, the Trademark Review and Adjudication Board made a ruling to maintain the “Hermes†trademark. Hermès International is not satisfied with the ruling of prosecuting commercial judges.
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