Time-honored brand won the lawsuit but is still being infringed

On the day of the year, Beijing Fuliansheng Shoes Co., Ltd. applied to the Trademark Office of the State Administration for Industry and Commerce to register the trademark Fulianshengji. Are there similar trademarks? The time-honored brand Neiliansheng and the new brand Fuliansheng started a rights protection game. From the Trademark Office to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, then to the Municipal No. 1 Intermediate Court, to the Municipal High Court, there were twists and turns and a delay of six years.
In March 2019, the Municipal High Court ruled to overturn the first-instance judgment of the Municipal No. 1 Intermediate People’s Court, upheld the Trademark Review and Adjudication Board’s ruling, and determined that the Fuliansheng trademark was invalid. Fuliansheng, which lost the second instance, filed an application for retrial with the Supreme People's Court, claiming that Fuliansheng's trademark had achieved a certain degree of market visibility and would not cause confusion among the relevant public. On the day of the year, the Supreme People’s Court ruled to reject Fu Liansheng’s retrial application. The lawsuit has been settled, and Fuliansheng is still selling normally.
At present, my country’s relevant regulations on time-honored brands are scattered in some legal provisions. Cases of infringement of time-honored brands mainly rely on the Anti-Unfair Competition Law and the Trademark Law. However, the reality is that some time-honored brands have not even been registered. trademark. Even if the case is brought to court, judges will still have great difficulties in applying the law when handling such infringement cases, which requires high legal quality and flexible discretion.
Time-honored enterprises must have an overall awareness of intellectual property protection. Intellectual property rights stipulated by law are double-edged swords. Most time-honored enterprises only use the law as a defensive tool, but forget that the law is also a proactive means of attack. Source of this article: Beijing Daily
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