Maotai's application for the "Maotai State Banquet" trademark was rejected, and the court found that it was unfair to other business operators.
Last Update: 2020-06-20
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After the failure of the trademark application of "National Wine Maotai", Maotai's application for the "Maotai State Banquet" trademark was rejectedYesterday, the reporter learned from the Beijing Intellectual Property Court, "Maotai State Banquet" trademark registration in liquor goods, easy to make the relevant public the quality of goods and other characteristics of misidentification, other business operators are also unfair, the court rejected the Chinese Guizhou Maotai Winery (Group) Limited liability company's claimAt present, the case has entered into forceincidentthe "Maotai State Banquet" trademark was refutedthe end of the three-year trademark warit is understood that the trademark is the 3333017 "Maotai State Banquet" trademarkThe former Trademark Review Committee of the State Administration for Industry and Commerce has determined, upon examination, that "state banquet" means a grand banquet held by the Head of State or Government for the purpose of entertaining the state guests or entertaining people from all walks of life at important festivalsThe contested trademark as a registered trademark designated for use in wine (beverage) and other commodities, easy to make the relevant public the quality, quality, grade and other characteristics of the goods, at the same time easy to cause adverse effects, the contested trademark is not approved for registrationMaotai company believes that "Maotai" wine as the representative of the sauce-scented liquor, has been used as a state banquet wine, "Maotai state banquet" used in alcoholic liquids and other commodities, will not let the public on the quality of goods, quality and other characteristics of misidentificationThe Beijing Intellectual Property Court held that "state banquet" means a grand banquet held by a head of state or head of state or a reception for people from all walks of life at important festivalsAlthough the evidence submitted by Maotai company can prove that Maotai wine has been used as a state banquet wine many times, with high visibility, but "Maotai state banquet" if used as a trademark registered in liquor, it is easy for the relevant public to think that the plaintiff's related products for the state banquet special wine, thus its quality, grade and so on have a misidentificationat the same time, will contain the "state banquet" of the contested trademark registered in liquor goods and enjoy the exclusive right to use, other business operators are also unfair, easy to have a certain negative impact on the public interestThe court rejected Maotai's claimmemory"state banquet" Maotai before"national wine" Maotai application lost reporter was informed that in September 2001, Maotai company first applied for registration of the "National Wine Maotai" trademark, but was rejected in August 2002 Then, according to the state intellectual property office records, Maotai company in 2006 and 2010, respectively, through different agencies to apply for registration of the "National Wine Maotai" trademark a total of 9 times Maotai's application for the trademark of "National Wine" was opposed by a number of liquor enterprises From July 2012 to January 2013, dozens of trademark objection applications were submitted to the commercial judges, including Jiannanchun, Shanxi Liquor, Wuliang and other liquor enterprises, since the trademark application for "National Wine Maotai" was accepted under registration number 8377467 due to the failure to register the "National Wine Maotai" trademark, in July 2018, Maotai Company a paper petition to the Beijing Intellectual Property Court, asking for the revocation of "National Wine Maotai" non-registration review decision In August of the same year, Maotai company voluntarily withdrew the lawsuit, "National Wine Maotai" trademark was ultimately not approved for registration At that time, Maotai issued a statement on the official website, said that before "due to internal work convergence issues submitted a lawsuit application", is now the commercial judges do not register the "National Wine Maotai" trademark decision "full respect, but also willing to accept", will withdraw the business judges' application for litigation and apologize After , Maotai's Weiwei public name changed from "National Wine Maotai" to "Guizhou Maotai" Maotai Wine Co , Ltd on the website no longer appears in the word "national wine", its direct store sits also removed the "national wine Maotai" related publicity materials extended of the "National" trademarkapplication for of a number of famous wine enterprises have been refuted China Trademark Network information shows that in 2016, the State Administration for Industry and Commerce Trademark Review Committee around the "Maotai State Banquet" trademark made two rejection reviews, 5 reviews of non-registration In 2016, Maotai Group took the commercial judges to the Beijing Intellectual Property Court until the 2019 ruling Beiqing reporter in the State Intellectual Property Office Trademark Office "China Trademark Network" search, with "National Wine" application selling trademarks have 198, "state banquet" 108, of which a considerable part of the liquor products Beiqing reporter sin-tat opened more than 100 trademarks, its status shows, either "waiting for substantive examination" or "the application was rejected, inadmissible, etc., the trademark has lapsed." Five GrainS Group's "National Wine Five Grain Liquid", Apricot Flower Village Liquor Company's "National Wine", Zhangzhou State Wine No 1, etc., were rejected trademark registration application the examination of the first word "country" trademark, the State Administration for Industry and Commerce Trademark Office can be said to be cautious According to the Trademark Office's "Subject to "China" and the first word "country" trademark examination and trial standards" documents, with the "country" but not "country-smarking designated commodity name" combination of trademarks, such as the designated goods directly expressed the quality characteristics of the goods or has a deceptive, or even detrimental to fair competition in the market order, or easy to adversely affect, should be rejected after the festival Maotai retail price stood firm this year, Maotai market prices rose rapidly, from the Spring Festival near 1800 yuan / bottle near all the way up, and before the Mid-Autumn Festival forced 3000 yuan / bottle But Maotai's wind and grass movement slowly affected the market On September 11th, a "Beijing Maotai bubble burst" news directly led to a sharp correction in the entire liquor sector, Guizhou Maotai fell 4.8%, the largest one-day decline in nearly four months, the market value fell 68.2 billion yuan a day, the entire A-share liquor sector market value fell 126.3 billion yuan in the pre-festival interview, Maotai retail price did drop slightly, but the range is very small, about 100 yuan, there is indeed a wine merchant told reporters that "after the festival may reduce prices", but the reporter again visited the relevant liquor dealers today found that the retail price is still 2680 yuan / bottle, and pre-festival retail prices flat, relatively strong, related staff also said: "Before the Spring Festival is the traditional liquor consumption season, Maotai or in short supply." " for the pre-festival Guizhou Maotai terminal price decline, BOC International liquor analyst Tang Yanliang said that Maotai early out of stock price increase is too large, the recent increase in shipments, the normal price decline, not abnormal demand According to the bocu International grass-roots research, Maotai's latest batch of prices between 2450-2500 yuan, compared with the high stake at the beginning of the month fell by 100-200 yuan Tang Yuliang said that in August-September Maotai prices showed a round of faster-than-expected rapid rise, mainly due to the traditional dealer plan to put the progress of the lower than expected, while the company strengthened the control of the flow of dealer goods, but led to a reduction in the willingness of dealers to ship, Maotai batch price rose to 2600 yuan In addition, recently, Guizhou Maotai significantly increased the amount of investment, and in early September, Guizhou Provincial Market Supervision Bureau issued a public collection of Maotai wine market violations in the field of illegal clues, so the mid-autumn before the price fell back, not abnormal demand Pacific Securities Research Report said: "A rough estimate, before the Mid-Autumn Festival dealer channel total delivery volume of about 4200 tons, accounting for about 24.5%." If other channels (e-commerce, business super, etc.) of the delivery ratio and distributor channels consistent, that Maotai in the Mid-Autumn Festival, National Day before the two days of the whole channel of the delivery volume, basically in line with the total delivery of 7400 tons " Pacific Securities also estimated that in the third quarter of this year, Maotai's total delivery volume will reach about 10,000 tons, has accounted for the total investment of Maotai 31,000 tons of about 1/3 in recent years, Guizhou Maotai has also been opening up full horsepower to expand production to increase supply, Guizhou Maotai Chairman Li Baofang said at this year's shareholders' meeting, 2020 Maotai wine expansion project to be fully completed, when Maotai wine will have a production capacity of 56,000 tons, and according to the Securities Times e company's analysis of Maotai price situation, Maotai wine's real production capacity will be greater, see the "Fried Maotai" 550 a week, the liquor bubble is going to burst? The truth is... , according to the latest news, Maotai's production capacity is already being released On September 17th, Maotai Group's 2020 new production workshop trial production ceremony was held in the wine-making workshop 27, Maotai Group General Manager Li Jingren attended the launch ceremony and stressed that we should focus on infrastructure, dedicated to production, and promote the expansion of Maotai wine-based wine production capacity, the development of Maotai foundation 's share price rebounded after the september 11 plunge in Guizhou Maotai, up 2.76 per cent on September 12 Today in the case of the market correction, the liquor sector performance is not bad, 9 liquor companies closed red, Guizhou Maotai all day shock, slightly down 0.45%, but after-hours fund data show that the north of the funds Shanghai shares all day net sales of Guizhou Maotai 604 million yuan, for the top 10 active Shanghai shares net sales In addition, in the 11 trading days since September, shanghai stock flow funds have seven trading days out of Guizhou Maotai Source: Beijing Youth Daily Comprehensive
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