Opp brand name of the storm hit near 8 years of hard rights crackdown.

<p> crackdown for eight years, the results, "Li Gui," but more and more powerful, and this is leading Yuba problems facing enterprises in Hangzhou Opp. .Directly from the original fake, to the later "similar to trademarks registered outside the territory of use", but now other types of similar trademarks registered; from the initial small workshop to openly out of chain stores, more and more powerful opponents. .The face of "Pong brand name" means more and more sophisticated, Hangzhou Opp can not help feeling: "Li Gui so strong, positive brand of domestic enterprises how to protect? ."</ P> <p> this" aupu Opp, "nor that" aopu op "</ p> <p> Electric Co., Ltd. Hangzhou op manager Cui Qiang Ministry of Justice recently boggling, because .appeared on the market a "Opp integrated ceiling," but not sell the products of Hangzhou op, but there is quality consumer complaints, but had counted the head of Hangzhou Opp. .</ P> <p> July of this year, Hangzhou, the very fact that in a store to buy a "Opp integrated ceiling" products, but other stores to deliver the goods, the very fact found printed on the packaging of Yuba .with the "Ling Feng Opp Yuba," manufacturers from Jiaxing, Zhejiang Lingpu Electric Co., Ltd., is not she Hangzhou Opp products. .To this end, the very fact ask for replacement op products, and contact the "Hangzhou Opp Limited." .Hangzhou Opp head of marketing, said they have been treated since the beginning of many other similar disputes. .</ P> <p> "are labeled that op, where we have such consumers eyes that can distinguish it. ."Ms. Zhang complained. .</ P> <p> Cui Qiang and colleagues in the marketing department found through market research, does have a company named Zhejiang Lingpu Electric Co., Ltd. (hereinafter referred to as Zhejiang Ling Pu) of the companies are integrated ceiling on the market, its use .trademark for the "aopu op" and "Ling Feng Opp," and in the country out of the dozens of stores. .</ P> <p> learned through the business sector in Zhejiang, Zhejiang Ling Pu was established in late 2009, early 2010 the company began production and sales with "op" word trademarks in the integrated ceiling, legal representative for Chu Lin ., and Wang Wenhua, general manager of the company's current line-lam Chu's husband. .</ P> <p> "8 years ago, has had dealings with them had. ."Cui Qiang told reporters in 2002, Lin Chu and Wang Wenhua or in the form of individual business operates a shop in Jiaxing City Rainbow Appliance Factory, then, the plant because of patent infringement Opp Yuba reached with the Hangzhou Opp .patent infringement dispute settlement agreement, the plant in Hangzhou op to pay compensation costs 10 million. .Opp to produce an agreement in Hangzhou, the reporter saw Wang Wenhua Wang shop on behalf of Rainbow Electric Factory Jiaxing signature. .</ P> <p> However, in 2004 Rainbow Electric Factory Jiaxing Wang shop again because of Yuba in the production of packaging marked "op Electrical (Shenzhen) Co., Ltd. Shanghai Branch", "Opp Electric ( .Shenzhen) Co., Ltd. "," Opp Electric (Hong Kong) Limited "and other names and by the Zhejiang Provincial Industrial and Commercial Bureau to" Make not labeled as such their site, and the origin of the product manufacturer for the introduction of .misunderstanding of the false label, and its violation of the Anti-Unfair Competition Law, an offense. " .To make its "seizure and destruction of identity may contain illegal packages; fine 180,000 yuan," the punishment. .</ P> <p> "from the individual opened a small workshop to the chain, from the simple to achieve similar counterfeit registered trademarks, and near the famous opponent more powerful, more and more sophisticated means. ."Cui not help feeling strong. .</ P> <p> near the famous gray industrial chain has formed </ p> <p> after a lapse of 8 years, Zhejiang Lingpu how they played against the flag op, with the "aopu op" and & ldquo .; Ling Feng Opp "The integration of the two production ceiling trademark it? .</ P> <p> reporter learned from the business sector inquiries, Zhejiang Lingpu not "aopu op" and "Ling Feng Opp" The two trademark owners. ."Aopu Opp" in 2001 by a company called Trading Co., Ltd. Zhejiang Ruian Qi Cai enterprises in the 6 "metal building materials" in the registration. .</ P> <p> At present, Zhejiang Ruian Qi Cai Trade Co., Ltd. has been canceled, "aopu Opp," eventually "Zhejiang Modern New Energy Co., Ltd." (hereinafter referred to as Zhejiang Modern) purchased. .The "Ling Feng op" was originally Wenzhou Sun Zuodong personal registration, after the transfer to the modern (China) Investment Co., Ltd.. .</ P> <p> 2009 年 11 months, Zhejiang Ling Pu obtained permission to use the two trademark rights and began production of the words appear integrated ceiling Opp. .As a result, the market there were two "Opp" integrated ceiling, a time consumers are confused eyes. .</ P> <p> Zhejiang Province, Director of Trade and Industry Bureau to monitor the economy, said Zhu Jianjun, in this case, consumers can not distinguish the source of the mistake will lead consumers to mistakenly purchase, or if the dispute is also not easy to find the real production .complained that negotiations, not effectively protected the legitimate rights and interests. .</ P> <p> this year in April, down the property of their respective PUC Zhejiang Industry and Commerce Bureau issued "on the investigation of alleged infringement Opp integrated ceiling products," which finds Zhejiang Lingpu "aopu Opp" Trademarks and .Hangzhou Opp had confused the trademarks of suspected infringement. .</ P> <p> but "aopu Opp" modern thought that the owner of Zhejiang, integrated ceiling is a collection of various categories of products, Zhejiang Province, has no right to trademark the business sector to define categories of goods, at least in the ceiling .the use of the metal buckle "aopu Opp" trademark, the law also does not illegal. .</ P> <p> reporter has learned that China's current "Trademark Law" in the trademark registration on the implementation of "prior application" principle, although the "Trademark Law" 第三十一条 provides that "applications for trademark registration is not harmful to others .Some prior rights, nor the first to be unfair means has been used up to others and have a certain influence of the trademark, "but" prior rights "," Trademark Law "is not clearly defined. .</ P> <p> legislation in this case, the number of specialized professional legal loophole registered trademark of malicious near the famous company started, relay upstream and downstream industry chain has been formed near the famous, the food chain participants are different degrees of .beneficiaries. .The Zhejiang Modern New Energy Co., Ltd. has also registered other well-known domestic enterprises, "West", "Glanz", "Pentium" and other trademarks, registered category fuss walking a fine line, and through annual .trademark license fee to receive profit. .</ P> <p> brand protection laws need to be strengthened to enhance their sound </ p> <p> low relative to the illegal squatting by the cost, the real cost of the trademark owner to maintain very high mark. ."As a trademark thing, only one attorney fees, we would have paid about 120 million. ."Cui Qiang told reporters that this does not include their company to send personnel to travel around the match-fixing charges. .</ P> <p> reporter learned from the Zhejiang Industry and Commerce Bureau, the business sector of the "Ling Feng op" to make the relevant penalty, Ling Feng op has promised to make rectification. .However, as has been fighting for eight years, Hangzhou Opp feel optimistic about the prospects. .</ P> <p> in order to completely eliminate the confusion that the status of the market, at present, Hangzhou Opp other trademarks only one way for the revocation. .Hangzhou Opp Electric Co., Ltd. was November 16, 2009 to the State Administration for Industry and Trademark Review and Adjudication Committee "registered applications for trademark disputes," but they found it impossible to achieve results in a short time. .</ P> <p> "go-related procedures, from application processing to the final identified need for a year or two. ."Cui Qiang said that the process of trademark rights is probably the most helpless people of the time cost. .Not long ago, Yi Jianlian had just won the "Yi YIJIANLIAN" trademark case, it took a full four-year lawsuit. .</ P> <p> in this process is near the famous brand, the brand is also worth reviewing their own lessons. .The legal profession that trade Co., Ltd in Zhejiang Ruian Qi Cai application for registration "aopu Opp" personal registration marks and Sun Zuodong "Ling Feng Opp" trademark when, Hangzhou op has raised no objection in the public notice period, .In the trademark registration has become established facts, and no timely application for trademark disputes, it also provides an opportunity near the famous. .</ P> <p> Li Gui Li Kui was struck down is not without precedent. .In 2008, the French brand Valentino (Valentino) stores in China gradually withdraw, because near the famous bear all the burden. ."Once the market if there is 'near the famous' behavior appears, it shall immediately take measures to prevent the occurrence of even worse results, as soon as possible with the local commercial administrative departments to work together through administrative remedies and judicial remedies against" Pong .brand name "acts to safeguard their legitimate rights and interests. ."Zhu Jianjun, said. .</ P> <p> the behavior of current near the famous applicable law is "anti-unfair competition law" and "Trademark Law", but the punishment scale near the brand is very limited, compared to the direct fraud or infringing use of another .The trademarks, obviously, "Pong Brand" relatively low cost of illegal behavior. .</ P> <p> the industry, "near the famous" the temptation of lucrative and low cost to create a large number of illegal speculators, and the means have become increasingly subtle, and even a special "brand companies ."well-known trademarks registered at the same time the brand rights of enterprises time and money counterfeiting costs are too high, we must improve the law, change the status quo. .</ P> <p> It is reported that China's "Trademark Law" into effect in 1982, has been amended twice, first half of 2003, SAIC launched the third revision of the Trademark Law. .At present, the Trademark Law (revised draft) has been officially submitted to the State Council for consideration. .</ P> <P> <P>.