Tianyuechao registered the "enterprise" trademark, and the company found that the invalidation was rejected. Is the trademark awareness important?
sanyancaijing· 2019-11-07 11:02:17
Tianyancha registration "Enterprise check" trademark, the company found that the invalidation was rejected, how important is the trademark awareness?
Three words of financial news, September 4, 2019, the original Trademark Review and Adjudication Board of the State Intellectual Property Office (hereinafter referred to as the Trademark Review and Adjudication Board) issued a 36th "Enterprise Check" trademark invalidation request ruling book. Finally, the Trademark Review and Adjudication Board ruled that the disputed trademark was maintained, and the company found that the company failed to reclaim the trademark.
In addition, the TRAB website shows that from May 2018 to September 2019, the invalid request for the number of trademarks in the enterprise company application" is finally finalized. Attributable to the original applicant, part of the "enterprise check" trademark review request was rejected.
It’s striking that
In the related trademark disputes of No. 19743876 and No. 19743872, the final ruling trademarks belong to the operating company Beijing Jindi Technology Co., Ltd. (hereinafter referred to as Jindi Technology).
In July of this year, two similar companies occurred again In the trademark dispute, the dispute point is the slogan "Check the company, check the boss, check the relationship" that both companies use. The day after tomorrow, the company will investigate the case and ask it to immediately stop the infringement and compensate the economic loss of 5.204 million yuan.
Evaluation of the enterprise Although it is in the leading position in the field of corporate credit reporting, it has suffered from the incompleteness of the trademark.
Important trademarks are being squatted by competitors
Checking out the post and knowing
2014 From the beginning of the year, the company found that the first river, Kaixinbao and Tianyancha were followed up, and it was not until 2017 that the situation of "three pillars" was gradually formed. After Qixinbao gradually became weak in the competition, it gradually changed into a situation of "two contends".
As early as 2015, the company announced its profitability, and it was not until 2017 that it was commercialized. However, in terms of intellectual property rights, the two have maintained an absolute advantage.
As of August 2019, Tianyuechao’s operating company Jindi Technology has a total of 600 pieces of intellectual property registration information, which is compared with the enterprise’s intellectual property rights. The number of (trademarks, patents, copyrights) has obvious advantages.
Especially on trademark registration, In 2014, trademark applications began to show a relatively gradual upward trend. However, during the year of 2016, trademark registrations showed a sharp upward trend and a large number.
According to the latest data from the trademark network, Tianyanchao operates the company. Jindi Technology applied for the registration of 520 trademarks, including "Tianshicha", "Tianye Lens" and the trademarked slogan "Check the company, check the boss, check the relationship" and other trademarks.
and check the operating company Langdong Technology and its The two shareholder companies, Suzhou Zhibi Information Technology Center (Limited Partnership) and Suzhou Enterprise Research Network Technology Co., Ltd. added up and applied for 265 trademarks.
< /p> Until the eye-catching robbed a lot of batches of the "enterprise" trademark, the company immediately found out that the company was negligent in its trademark.
The trademark network shows that Tianyancha registered the “Corporate Check” trademarks of the 9th, 16th and 35th categories on April 25th, 2016.
August 24, 2017 The company found an invalidation notice for the trademarks "19743876" and "19743728" of the "Evaluation" of the registration.
The company thinks that "Tianyancha" and "Card" products belong to the market for credit information inquiry software, which is a competitive relationship. Prior to the registration of the disputed trademark, the company had widely used "QICHACHA.COM" as a trademark and gained high popularity among the relevant public. It believed that the company had constituted an infringement of the company's prior rights and violated the honesty and credit. in principle. The registration and use of disputed trademarks is obviously malicious and will cause adverse effects such as consumer confusion. In summary, the request is based on relevant regulations, and the disputed trademark is declared invalid.
The Trademark Review and Adjudication Board considered that the company’s claim to declare the disputed trademark invalid under Article 30 of the Trademark Law, but the applicant did not specify and did not submit evidence. Applicant's claim is not supported by the same trademark rights as the outdoor advertising approved by the disputed trademark.
In addition, the Commerce Appraisal Committee believes that the evidence submitted by the applicant is later than the filing date of the disputed trademark, or does not reflect the trademark identification, and it cannot be proved before the registration date of the disputed trademark application. It cannot be proved that it has been used in the same field and has certain influence and will not be supported.
The Trademark Review and Adjudication Board pointed out that there is no "detrimental to socialist morality or other adverse effects" in the disputed trademarks, and there is no deception or other improper means when applying for registration. The applicant lacks sufficient factual basis and does not support it.
In this round, the company looked at the fiasco.
The slogan "Crash"
Tianxue investigates the company and claims 5.2 million yuan
In July 2019, Haidian Court Network released a message, because it was considered that the company used the "Tianshicha" slogan, "Check the company, check the boss, check the relationship" to promote, Tianyancha company will check the company to the court It is required to immediately stop the infringement and compensate the economic loss of 5.25 million yuan.
Skyeye checks: "Check the company, check the boss, "Checking the relationship" This slogan was first created in November 2014, and then invested nearly 200 million in funds. This slogan has formed a specific and fixed relationship with Tianyue. In the promotion, the company used the advertising decoration design similar to "Tianyancha". More importantly, the slogan "Check the company, check the boss, check the relationship" was used in its own advertising campaign. Caused serious economic losses.
Tianshicha Company believes that the company’s conduct constitutes unfair competition, so it appeals to the court to immediately stop the infringement and compensate for economic losses.
Article 8 of the Trademark Law of the People's Republic of China stipulates that "any visible mark that distinguishes the goods of natural persons, legal persons or other organizations from those of others, including words, figures, letters, numbers, three-dimensional Signs and color combinations, as well as combinations of the above elements, can be registered as trademarks." In addition, Article 9 states that "trademarks applied for registration shall have distinctive features that are easily identifiable and shall not conflict with the legal rights previously acquired by others." "If a slogan becomes a prominent sign of identifying a particular business, it can be registered as a trademark to gain exclusive rights to the slogan.
There are not a few companies that have registered slogans as trademarks. For example, CCB’s "Building Luban Service has CCB", CNPC Bibo (bp) Petroleum Co., Ltd.'s "Beyond Oil", McDonald's "I like it", De Beers' "Diamonds are a long-lasting eternal", Nike's "JUST DO IT" and so on.
As mentioned above, Tianyancha Company applied for registration on June 6 this year to "check the company, check the boss, check the relationship", but the status still shows "waiting substantive examination< /strong>".
It seems that Skyeye is also doing well in the prosecution Full preparation.
Is it possible to get back the trademark?
In the trademark, I have a big loss, so is it possible to get back the lost "Corporate" trademarks?
From November 1 this year, the newly revised "Trademark Law of the People's Republic of China (2019)" was officially implemented, and the new trademark law revised and revised some of the provisions. This brings a glimmer of hope to the trademark rights of the company.
About the new trademark law, Sanyan Finance consulted Mr. Zhang Changyang, the trademark registrar "Zhongsuosoft Group". Zhang Changyang pointed out that Article 4 of the New Trademark Law has been revised and revised, and there are "applications for registration of malicious trademarks that are not intended for use, which should be rejected", which is for business Trademark rights have certain positive significance.
In addition, in Chapter 44, Article 44, there is Such a provision " already registered trademark violates the provisions of Articles 4, 10, 11, 12, and 19, paragraph 4 of this Law, or by deception or other If the registration is improperly obtained, the Trademark Office declares that the registered trademark is invalid;Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid."
Zhang Changyang said that the newly revised regulations can reduce malicious trademark registration and also give enterprises Rights protection provides more legal basis . Even if a trademark has been successfully registered, if there is a malicious application registration that is not intended for use, it should be rejected.
Talking about the trademark dispute between Tianyancha and Qiqi, he said that it is possible for the company to get back the "enterprise" trademark, but it will be a long-term process.
There is a strong and weak race in the credit reporting industry behind the trademark dispute
Tianjinchao and enterprise search for trademark disputes In the end, it is still the market competition of similar enterprises, and it is the race between the first mover and the latecomer.
Public information shows that in April this year, the central bank's corporate credit reporting was restarted, and the corporate credit card was opened. In May, Tianyancha became one of the first three companies to obtain the license after the restart, and it was the only company in the industry to receive this qualification. Then, the company found out in July that it had publicly announced that it had also been registered by the central bank's corporate credit reporting agency.
In terms of development, the company has a first-mover advantage. Before May 2017, the monthly data was the first of the three, but it was gradually overtaken by the eye.
TalkingData data shows that in June 2019, Tianyue’s monthly active users were 9.9 million, which is three times the total of the other two active users.
From the perspective of user behavior data, there is a contrast between the eye-catching and the enterprise check.
According to the relevant data of TalkingData, before April 2019, the per-person use time of the enterprise was ranked first, almost the same as the other two. In June, the eye of the sky was checked and overtaken. Another third-party platform, QuestMobile, shows that the average time per person for a single use is higher than that for a day. In June, the company ranked first with 6.8 minutes.
The reason may be related to the user experience and the user. The user group of Tianyanchao is relatively broad, and the length of use of a large number of non-core populations has lowered the overall per capita use time of Tianshen.
In addition, in terms of the use of professional users, the performance of Sky Eye is more prominent. According to the Miaojian data of the public opinion monitoring company, during the period from January to July 2019, the media used the sky-eye inspection data to produce 643,542 reports.
From all aspects, Tianyancha has already gained a foothold in the credit information market as a latecomer, and the first-time applicants face huge challenges.
With the gradual openness and transparency of social information, there is still no limit to the future development of the credit information market. For both companies, there are more competition scenarios.
But from the user's point of view, I still prefer to see a healthy credit market. Competition and supervision can be found. Of course, it is worthwhile to look forward to the service.
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