Recently, Tesla (Shanghai) Co., Ltd. (hereinafter referred to as " Tesla ") sued Zhongfei Food Co., Ltd. (hereinafter referred to as "Zhongfei Food Company") and Guangdong Zhongfei Food Co., Ltd. (hereinafter referred to as "Guangdong Zhongfei Company") because Tesla sued that the two companies used the logo "TESILA" on beer and soda products to constitute trademark infringement.
On June 23, the lawsuit was held in the Shanghai Intellectual Property Court. One is a car company and one is a food company. How come has nothing to do with the two? Why is it involved in trademark infringement disputes?
01
"Tesla"
"Tesla Beer" sued
According to Dunbao , a beer product produced and sold by Zhongfei Food, the packaging of this beer uses the logos "Tesla" and "TESLA". By comparing the pictures, we can clearly see that the picture on the bottom left is Tesla's logo, which is particularly similar to the "T"-shaped logo on the wine bottle in the bottom right.
But if you look closely, there is still a little difference between the two. The Tesla in beer is TESILA, and the Tesla in the car is TESLA. Tesla beer has one more letter "I" than Tesla.
Dunbao Searched from the trademark website and found that Zhongfei Food Company applied for a total of 37 trademarks related to "Tesla", but most of the trademarks are "invalid", "rejection review" or "qualification review".
The trademark involved in Tesla’s lawsuit against Zhongfei Food Company is No. 13113593. The current status of this disputed trademark is in the “revocation/invalid publicity application review”.
Dunbao also found that in August 2013, Fujian Yiweng Trading Co., Ltd. submitted a trademark registration application. The company was the owner of the trademark No. 13113593 "Tesla TESLA MOTORS", but it was transferred to the natural person Chen Juan on November 6, 2019, and then the natural person Chen Juan transferred the trademark to Zhongfei Food Company on February 27, 2021.
According to the Trademark Network, the 13113593 disputed trademark registration category is Class 32, and the registered items include "beer" and so on.
Tesla believes that the behavior of Zhongfei Food Company infringed its trademark rights, so it sued it in the Shanghai Intellectual Property Court, and requested the court to order the defendant to stop the infringement and compensate him for his economic losses and reasonable expenses of more than 5 million yuan .
At present, this lawsuit was held in the Shanghai Intellectual Property Court on June 23, 2022. The ruling of
shows that Zhongyan Food believes that it has the right to use the registered trademark. The registration time of the "Tesla" trademark No. 13113593 enjoyed by Zhongyan Food is earlier than the registration time of the trademark involved in Tesla's case . It believes that Tesla's company's attempt to accuse the appellant of the infringement of the first registered trademark by identifying a well-known trademark is not valid.
02
Zhongfei Food Company has
Malicious registration of trademarks
Have found a very interesting thing by searching Dunbao . Zhongfei Food Company not only applies for Tesla's TESLA-related trademarks, but also applies for multiple epidemic-related trademarks in various categories such as Category 5, Category 29, Category 32 and Category 35.
includes 16 trademarks with the word "new crown" and two trademarks named " Shuanghuanglian ", "new crown and clear", "new crown" and "clear crown and good tea".These trademarks cover multiple categories such as food, beverages, advertising, etc., but trademark status all display "Trademark registration application withdrawal" .
In response, National Intellectual Property Office also responded at the time, saying that the applicant had registered a large number of Tesla and epidemic-related trademarks, and his application for registration of a trademark was obviously malicious and did not use the purpose, which violated Article 4 of the " Trademark Law ", and was therefore rejected in accordance with the law.
Dunbao advises everyone that this type of behavior of Zhongfei Food Company is a typical malicious registration trademark, and registration applications related to sudden diseases are all improper registration. The behavior of this type of enterprise is currently the focus of the Trademark Office.
03
summary
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is a registration system according to my country's trademark protection system. Therefore, trademarks approved and registered by my country's Trademark Office can enjoy exclusive rights on approved registration projects.
has relevant legal practitioners gave some suggestions on this trademark litigation case. According to Article 13 of my country's "Trademark Law", the well-known trademark protection system . Tesla Company can provide evidence to prove that its trademark has been used for many years, and the promotion of the trademark is continuous and has a broad geographical scope, product sales have always been leading in the industry, and the relevant public is familiar with it. The claim that Tesla Company has obtained protection by identifying a well-known reputation may be supported.
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