February 18, 2011
[Network] clothing HC January 20, the Guangdong Amber Star Auction Co., Ltd. Is held personal trademark Xie Wei special auction auction GHD Hair Straighteners NZ50 pieces, starting price of a few million to hundreds of million.Strangely, the auction is trademark documents, these special auction are registered trademarks of Xie Wei stars in recent years. “If no one bid, I will regret to announce the auctions ends.” Auctioneer Jiang Xiaoyan finished , the audience silent, and then spontaneously got up and left.Planning for nearly a month, waiting for more than two hours of the auction was only less than 20 minutes to an abrupt end, not an auction site who raised placards.
“Trademark brother” and “alternative” rights
Xie Wei Xing, aged 41, Guangdong Shunde, Foshan City, where he had engaged in the real estate agency, retail business, starting in 2005, Xie Wei Xing aiming mark market, Cheap GHD Straightenersto 2007, the SAIC and Trademark Office issued a document requirement “does not operate a natural person can not apply for trademark” He has spent more than 100 applications for 229 million marks, of which 3 / 4 of a domestic brand, 1 / 4 are foreign brands.Only in the February 7, 2007 One day, he applied for a 16 mark in one breath.Mark circle knows what he dare registered trademarks, trademarks registered by the success, choose a unique way to carry out “alternative” trademark rights.Crown Media also gradually trademark of the name of Foshan madman, insiders also gave him a nickname – Foshan “trademark brother.” GHD NZ
Xing Xie Wei-known brand is cross-registered, Giordano is a fashion brand, Snow is the beer brand, but these familiar trademarks to the hands of Xie Wei Xing Giordano brand has become wallpaper, snow cigarette lighters.Triumph underwear women like stars is now being registered by Xie Wei became a shroud brand. These marks have been through the National Administration for Industry and Trademark Office to approve registration, that is, if someday Triumph card shroud really sell very fire, and the same name brand of underwear has lost so many consumers-That can only 哑巴吃黄连, swallow this, after all, no offense Xie Wei Xing. GHD Blue Butterfly Hair Straightener
December 12, 2005, Xie Wei applied for 5 Star “Date with Lu Yu “trademark, points in the wine, beer, hospitals, housing and other categories, but all without success.July 27, 2006, Xie Wei Star and 3 consecutive applications, points in the metal, lights, and other types of non-metal cup , also ended in failure.
In the State Administration for Industry and Trademark Office “Trademark of China” is not difficult to find, to Xie Wei stars in individual trademark application, examination and approval up 97, 48 disagree, 78 invalid, there is a disputeThe three, dismissed the review of the two, with a total of 1 person.It is obvious that two years no less Xie Wei Xing registered trademark, but no less strenuous. New GHD Green Butterfly Hair Straightener “
Recently, Xie Wei star broke the news that he found in a supermarket sales in the supermarket are 5 wine brands such Xiamei Long suspected of infringing its trademark ownership, while some other wine dealers are also varying degrees of violations.
Xing Xie Wei said he is working on an application filed with the court proceedings, prosecution France 波尔多佛朗 dragon, are Xiamei Long, Chiron and other eight family wine distributors and sales agents infringement, each brand claims 150 million, will claim millionsdollars.He chose a unique way to carry out “alternative” trademark rights.
Bordeaux, France is the world most famous wines.Starting in 2005, Xie Wei Xing targeting the top 100 Bordeaux wine brand, registered trademark in the country. New GHD Christmas Styler After 5 years of efforts, Xie Wei Xing has been successfully registered Aishituer, Kairon family, Franco red dragon and other 46 brands in China trademark.
It is reported that, according to China “Trademark Law” Article 52, without the permission of trademark registration, in the same or similar goods on the use of its trademark identical or similar trademarks, and is an infringement of registered trademark rights.This wine from the burst to sue foreign brand to now have been a domestic companies and two foreign companies reached a mark of his intention to transfer. Xie Wei Xing said the supermarket to court, in addition to domestic entrepreneurs hoping to wake up awareness of trademark protection, but also hope that through the Bordeaux wine country wine brands or trademarks or transfer dealer to obtain real benefits cooperation. GHD Deluxe Midnight Collection Gift Set
“Trademark brother” behavior controversial
In fact, Xie Wei-sing this approach, there are a lot of people complain that he is squatting.Enterprises being registered trademarks, from a fundamental view, or because the enterprise own awareness of IPR protection in place, failed to protect their intangible assets.
In fact, the trademark registered in China in recent years is also not uncommon behavior.Stakeholders told the author, since the state allows individuals registered trademark, registered trademark explosion of individuals, according to relevant statistics, among the registered trademark owners, individuals account for about one-third. GHD Pink Limited 2011
In recent years, frequent exposure of some hot events in the speculation-based trademarks are generally out of the hands of individuals who registered trademark.To this end, Xie Wei stars in its trademark before the auction, around the start of its registered trademarks of media coverage, could not escape the suspicion of its hype.
In general, given the re-branding is very difficult, or fear of the same brand of product be misleading to consumers, are registered trademarks of the companies only to find trademark owners negotiate to buy.And those registered under the trademark business news higher price , which in turn stimulate more people to cybersquatting. GHD-Diamond-Flag-2011
New Health Law Firm Canton, chairman of Chen Jiannan counsel, Xie Wei-sing part of the application alleged malicious registered trademark. Found squatting behavior such as enterprise, announced in trademark registration within 3 months of the objection.If after a notice period, enterprises can also apply for revocation within 5 years.
China University of Political Science Professor, School of intangible assets, founder of Cai Jixiang, said that foreign brands in the country registered, GHD Precious IV Styler if not well-known trademarks, are legitimate; and apply for registration in other industry brands trade marks another industry, if the other partynot well -known trademarks is also reasonable, but if the other party is well-known trademark, the suspected malicious cybersquatting.
South China Intellectual Property Zhang Yun, deputy director of the International Exchange Center that the use of the mark with a regional, in addition to the Madrid international trademark within the system, other foreign brands have trademark rights in foreign countries, but does not have trademark rights in China; except throughprove that the judicial process is well-known trademarks, or in China will not enjoy trademark protection, GHD Benefit Styler these foreign brands sold in China must if you want to obtain the consent of Xie Wei star.
