Sany trademark is infringed four times a year. Who else is "near famous brands"
Sany trademark is infringed four times a year. Who else is "near famous brands"
China Engineering No. 2: main uses and scope of use machinery information
Guide: Ma'anshan Sany Heavy Industry Machinery Manufacturing Co., Ltd? China Sany Heavy Industry (Hong Kong) Co., Ltd? Are these all subsidiaries of Sany? no They not only have nothing to do with Sany, but also have infringed Sany's trademark right after being judged by the court and other authorities. With Sany
Ma'anshan Sany Heavy Industry Machinery Manufacturing Co., Ltd? China Sany Heavy Industry (Hong Kong) Co., Ltd? Are these all subsidiaries of Sany? no They not only have nothing to do with Sany, but also have infringed Sany's trademark right after being judged by the court and other authorities
"with the increasing popularity and influence of Sany brand, many enterprises began to 'rely on famous brands' and infringe Sany's trademark rights. In 2012 alone, we handled four trademark infringement cases." Chen Zhichao, who is in charge of Sany's legal work, told that the battle for trademark rights has begun in Sany
"Sany" Chinese character trademark becomes "China famous trademark"
the infringement case of Ma'anshan Sany company was first discovered by SANY's marketing personnel. After receiving the report from the marketing personnel, Sany legal department immediately cooperated with the staff of Huaxia Fangyuan law firm, the company's strategic partner, to investigate and collect evidence. It also searched the company's website on the Internet and found the company's office in Changsha
the investigation shows that Ma'anshan Sany company has nothing to do with Sany, but it sells and promotes its machine tools and other mechanical products nationwide in the name of "Sany" and "Sany Heavy Industry". Its Internet stations, company workshops and promotional materials are very similar to Sany, and there are serious violations, which have a very adverse impact on Sany. Subsequently, Sany entrusted Huaxia Fangyuan law firm to sue the company to Changsha intermediate people's court
"There are two difficulties in this case. First, Ma'anshan Sany company is mainly engaged in machine tool machinery products, and its establishment time is earlier than the time when Sany registered the 'Sany' Chinese character trademark on the 'machine tool' goods. Second, although Sany owned the earliest 'Sany' Chinese character trademark on the 'excavator' and other construction machinery earlier than the time when the enterprise was established, only well-known trademarks can be protected across categories, and the Chinese character 'Sany' is not Has not been recognized as a well-known trademark. " Hexiangjun, the lawyer in charge of the case, told, "based on the above two points, we decided to sue the Chinese character 'Sany' as a well-known trademark."
in order to enable the Chinese character "Sany" trademark to be successfully recognized as a well-known trademark, the lawyer who undertook the case collected nearly 500 copies of data on the development, honor, business performance, trademark publicity scope, public awareness, social influence and other aspects of Sany over the years since its establishment, which laid a solid evidence foundation for the court to recognize the "Sany" Chinese character as a well-known trademark
"we have collected two boxes of evidence." Recalling the court session at that time, he Xiangjun's memory is still fresh. In the face of sufficient evidence, the Changsha intermediate people's court decided in the first instance that the "Sany" Chinese character trademark was a well-known trademark in China, and ordered MAANSHAN Sany company to stop all infringement acts and compensate Sany for its economic losses of 400000 yuan
after the judgment of the first instance, Ma'anshan Sany company refused to accept it and appealed to the Hunan Higher People's court. However, in the face of Sany's detailed evidence, the court of second instance rejected the appeal and upheld the original judgment. So far, Sany trademark rights protection has made a breakthrough again. The size of the "purify the market environment Sany" Chinese character business change angle is abetted by the scale line on the movable chuck to become a well-known trademark in China
"Legion warfare" highlights Sany's power to safeguard rights
in fact, Sany's graphic trademark was born as early as the 1980s. At that time, a teacher in Loudi, Hunan Province, created the trademark. According to the opinion of Liang Wengen, chairman of Sany Heavy Industry, he also designed the enterprise goal of Sany
Sany trademark has been illegally infringed many times since its birth. With the rise of brand awareness, the phenomenon of "near famous brands" is also gradually increasing, which has a great adverse impact on Sany brand. Sany realized the importance of trademark protection early and spent a lot of effort on it
the weak awareness of trademark protection is a common problem of many Chinese enterprises. The trademark dispute between "JDB" and "Wanglaoji" on how to correctly clean machine barrels is a typical example. In order to arouse employees' awareness of the protection of corporate trademarks, Sany will organize lectures on the protection of trademark rights and interests every year to improve employees' awareness of trademark rights protection. At the same time, Sany is also striving to build a professional trademark rights protection team. In addition to the establishment of intellectual property department in the Research Institute, the establishment of Sany lawyer team has well realized the legal protection of rights
it is reported that when Sany and Mercedes Benz Trident star had a dispute over the trademark in 2009, only a few Sany legal staff participated in this work. Now, the Sany legal team has introduced more than 40 lawyers, focusing on cultivating reserve talents for trademark protection. In addition, Sany also strengthened its ability to monitor the market and joined hands with nearly 10 well-known law firms at home and abroad to jointly combat infringement
"at present, in terms of trademark rights protection, we are divided into two parts: domestic trademark infringement cases are handled by Huaxia Fangyuan law firm, and foreign trademark infringement cases are handled by the international business planning headquarters." Renyulong, director of Huaxia Fangyuan law firm, said that unlike other enterprises' "single soldier operations", now they handle cases as "regimental operations", which can not only ensure the litigation effect, but also cultivate more trademark protection talents for the company
over the years, in the process of trademark rights protection, Sany "won't give up any land", which fully demonstrates the awareness of rights protection of enterprises. In 2009, the trademark war between Sany and Mercedes Benz came to an end in Britain, and sany won. The commentary believes that this international lawsuit can be said to be a model in the field of trademark rights protection in Sany and even China. In China, Sany also gave a head-on blow against the infringement of Sany's trademark right
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