real kung fu, Bruce Lee , a fast food brand, and a martial arts master, the origins of the two seem to be wrong.
November 2, the topic #True Kungfu 20 trademarks were ruled invalid# became a hot search. The editor learned from the ruling on the declaration of trademark invalidity of " True Kungfu Kungfu Delivery4006-927-927 and pictures" disclosed by National Intellectual Property Office that the disputed trademark is almost the same as Bruce Lee's portrait and classic actions. It is used as a trademark in the approved service, which can easily cause consumers to misunderstand the source of the service and other characteristics.
At the same time, the disputed trademark itself does not contain elements that will have negative or negative impacts on social public interests and public order. Therefore, it is ruled that the disputed trademark is declared invalid.
According to the trademarks that were ruled invalid, these trademark graphics are partly similar to Bruce Lee's portraits and classic actions, and are all within the validity period of the trademark. Taking "Zhen Kung Fu and Picture" (registration number: 3999537) as an example, this trademark is the 43th Class "Restaurant" and other service trademarks applied for registration by Zhen Kung Fu in 2004. The exclusive right period was originally from February 21, 2017 to February 20, 2027.
However, Tianyancha shows that Guangzhou Zhengongfu Catering Management Co., Ltd., which belongs to Zhengongfu, currently has more than 340 trademark application information, of which more than 200 trademarks have been registered, and more than 60 of the application for revocation/invalidation declaration have been reviewed. All of these include Bruce Lee Kungfu graphic trademarks, involving food, catering and accommodation, clothing, shoes and hats, fitness equipment, etc. in international classifications. From the current perspective, there is still an effective Bruce Lee Kung Fu graphic trademark.
Not only that, the editor noticed that the avatars of Zhen Kung Fu on multiple social platforms are still Bruce Lee Kung Fu's styling and graphics, and the logo of offline stores has not changed. In response to this, the editor contacted Zhen Kung Fu and has not given a response so far.
In fact, as early as 2010, Li Xiangning filed a lawsuit against the infringement of Zhen Kung Fu trademark. At that time, he told the media that "Zhen Kung Fu"'s use of Bruce Lee's image as a trademark will make the public mistakenly believe that Bruce Lee has become the brand spokesperson. In December 2019, BruceLee Enterprises, who was appointed as the legal representative by Li Xiangning, filed a lawsuit for 210 million yuan in compensation. At that time, Zhen Kung Fu responded with great doubts, saying that he had been using it for 15 years and had not been sentenced to infringement. The brand
has been used for 18 years and has been in trouble for 12 years, but this matter has not yet been finalized. From the current perspective, the trademark infringement incident has not had a substantial impact on Zhen Kung Fu, the brand is still in use as usual, and still has multiple valid Bruce Lee Kung Fu graphic trademarks. Both sides seem to be waiting for the final court decision. On August 25 this year, the case of Bruce Lee Co., Ltd. suing Shanghai Zhen Kung Fu Fast Food Management Co., Ltd., Guangzhou Zhen Kung Fu Catering Management Co., Ltd., and Guangzhou Zhen Kung Fu Fast Food Chain Management Co., Ltd. was held. The case was a dispute over general personality rights . The verdict has not been announced yet in the case.
. According to relevant media reports, the relevant person in charge of Zhen Gongfu said that whether the 20 "old" Zhen Gongfu trademarks that were declared invalid violated the " Trademark Law " and other disputes "wait for judgment by the Shanghai court."
Regarding the current right to use the trademarks related to Zhengongfu, Wang Qiuliang, a lawyer at Beijing Zhongtong Law Firm, said that the trademarks currently owned are still valid, but the validity of the trademark does not necessarily mean that it does not constitute infringement, and it depends on how the court finally determines it. If an infringement occurs, the infringement of the exclusive right of the registered trademark will be stopped immediately on the date of the judgment. After the registered trademark is declared invalid, the exclusive right of the registered trademark will be deemed to have not existed from the beginning. For infringement determination of use before the registered trademark is declared invalid, it should be considered whether the perpetrator has subjective malice.
In the view of industry insiders, Zhen Kung Fu faces the risk of infringement of trademarks that cannot be used. From the perspective of corporate development, it is necessary to prepare both hands in case of emergencies. Although this incident will have a certain impact on the brand, the long-term development of catering companies still depends on the product quality itself and the product reputation must still be guaranteed.
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text｜Guo Bianlu
editing｜Zhao Chi
picture source｜Huang Xinyue, Weibo screenshot
