Merchant: Does someone else counterfeit, does it infringe the intellectual property rights of the brand?
Lawyer: The uniqueness of the merchant to protect the appearance of his own goods. In addition to applying for a registered trademark, you also need to apply for a design patent. When you visit the furniture market, do you think that the furniture in front of you seems familiar? Have you ever thought about furniture and intellectual property rights? Yesterday, the public Mr. Li gave The newspaper hotline called to reflect that the exclusive furniture brand of the company has produced a series of new furniture, which is exactly the same in other furniture markets. He believes that this infringes the intellectual property rights of the furniture brands he represents. On the 17th, the reporter conducted a survey on this situation.
Exclusive new series of furniture actually appeared twins
On the morning of the 17th, the reporter went to the Oriental Decoration Home in Changfeng Street to find Mr. Li's furniture management store. The store was decorated with white European style furniture. Mr. Li said that they are just operating this store soon, the store specializes in French-style furniture. “This series is a white tone, which is just a new design that the company just designed. The brand that we represent in Taiyuan is only my own, so this series of furniture is only sold here. I didn’t expect it to be counterfeited. It is."
According to Mr. Li, on the 15th, two customers passed by from their store. The female customers saw that their family was on the outermost set of sofas and said that they had seen the same in another furniture store in Changzhi Road. . Mr. Li feels very strange. How do other dealers have their own furniture? So, Mr. Li specializes in the location of the customer. "I found that our main classic furniture is the same, but there is no trademark in the furniture." Mr. Li opened a drawer on the bedside table (the renderings of the bedside table) for the reporter to see, covered with a layer of black flannel, top Printed with the trademark name of the furniture, "We have printed such a mark on all the drawers of the furniture." Subsequently, Mr. Li took out detailed trademark information, authorization certificate and quality inspection report and other materials. "These things are not there. They belong to three no products, I have reported this to Pingyang Industrial and Commercial Office."
The furniture style is the same but the plagiarism design is denied
At noon on the 17th, the reporter came to the furniture sales market that Mr. Li said had the same furniture as his family. The reporter saw that dark solid wood furniture was placed in most areas of the first and second floors of the furniture sales market. At the corner of the second floor, there are several pieces of white furniture, including wardrobes, sofas, double beds and bedside tables, which are basically the same as the furniture that the reporter saw in the shop of Mr. Li in the Oriental Decoration Home. The reporter opened the drawer of the bedside table, which was also covered with black flannel, but there was no brand logo on it. When asked about the furniture situation, the shopping guide said, "I am new, not very clear."
At about 16 o'clock, the reporter contacted Ms. Zhang, the person in charge of Taiyuan District, the furniture sales market. “Before, our company’s white American furniture has always been an export product and has not been listed in China. In October this year, the company’s white American-style furniture was listed in China. The same series of furniture that the merchants claimed was just a month ago. Taiyuan is listed, so there is no problem with plagiarism design.†Ms. Zhang told reporters that they are direct salesmen in Taiyuan’s furniture market. The company’s direct salesmen are directly from the factory, so they do not make brand marks on furniture products. Only the furniture products sold by a small number of agents of the company have brand logos. “But there are clear brand logos on the outer packaging of our products.â€
To protect the intellectual property of the designer, it is necessary to apply for a product design patent. Subsequently, the reporter contacted the Pingyang Industrial and Commercial Office of Xiaodian District, Taiyuan City. The staff of the Industrial and Commercial Office came to the furniture sales market reported by Mr. Li on the morning of the 17th to investigate. “This afternoon, the relevant person in charge of the furniture market has submitted a quality inspection report for its white American furniture.†Chang said that the country does not specify whether the furniture brand must be marked on the furniture product. The brand of the furniture brand reported has a brand logo on the outer packaging, so it cannot be regarded as a three-no product. “As for infringement and quality issues, further evidence and research are needed.â€
Is the behavior of the merchant infringing the registered trademark right? What kind of conditions can be considered as infringement of the patent right? With these questions, the reporter contacted Feng, a lawyer from Shanxi Huawen Law Firm. “Fake trademarks or counterfeit trademarks, or the same or similar behaviors as other merchant trademarks and designs that have applied for registered trademarks are infringing the registered trademark rights of merchants.†Feng said that the registered trademark does not cover the products under the trademark. Patent design, like the situation encountered by Mr. Li, is not a violation of the registered trademark rights. "If the merchant's product applies for a design patent to the Patent Office, and the Patent Office approves it, the product with the same appearance as the original product in the market will infringe the patent right of its own product." Feng advised the merchant to register the trademark. It does not cover the design of the product. “If a merchant wants to protect his or her rights and interests, he or she must apply to the Patent and Trade Bureau for a trademark application.
Lawyer: The uniqueness of the merchant to protect the appearance of his own goods. In addition to applying for a registered trademark, you also need to apply for a design patent. When you visit the furniture market, do you think that the furniture in front of you seems familiar? Have you ever thought about furniture and intellectual property rights? Yesterday, the public Mr. Li gave The newspaper hotline called to reflect that the exclusive furniture brand of the company has produced a series of new furniture, which is exactly the same in other furniture markets. He believes that this infringes the intellectual property rights of the furniture brands he represents. On the 17th, the reporter conducted a survey on this situation.
Exclusive new series of furniture actually appeared twins
On the morning of the 17th, the reporter went to the Oriental Decoration Home in Changfeng Street to find Mr. Li's furniture management store. The store was decorated with white European style furniture. Mr. Li said that they are just operating this store soon, the store specializes in French-style furniture. “This series is a white tone, which is just a new design that the company just designed. The brand that we represent in Taiyuan is only my own, so this series of furniture is only sold here. I didn’t expect it to be counterfeited. It is."
According to Mr. Li, on the 15th, two customers passed by from their store. The female customers saw that their family was on the outermost set of sofas and said that they had seen the same in another furniture store in Changzhi Road. . Mr. Li feels very strange. How do other dealers have their own furniture? So, Mr. Li specializes in the location of the customer. "I found that our main classic furniture is the same, but there is no trademark in the furniture." Mr. Li opened a drawer on the bedside table (the renderings of the bedside table) for the reporter to see, covered with a layer of black flannel, top Printed with the trademark name of the furniture, "We have printed such a mark on all the drawers of the furniture." Subsequently, Mr. Li took out detailed trademark information, authorization certificate and quality inspection report and other materials. "These things are not there. They belong to three no products, I have reported this to Pingyang Industrial and Commercial Office."
The furniture style is the same but the plagiarism design is denied
At noon on the 17th, the reporter came to the furniture sales market that Mr. Li said had the same furniture as his family. The reporter saw that dark solid wood furniture was placed in most areas of the first and second floors of the furniture sales market. At the corner of the second floor, there are several pieces of white furniture, including wardrobes, sofas, double beds and bedside tables, which are basically the same as the furniture that the reporter saw in the shop of Mr. Li in the Oriental Decoration Home. The reporter opened the drawer of the bedside table, which was also covered with black flannel, but there was no brand logo on it. When asked about the furniture situation, the shopping guide said, "I am new, not very clear."
At about 16 o'clock, the reporter contacted Ms. Zhang, the person in charge of Taiyuan District, the furniture sales market. “Before, our company’s white American furniture has always been an export product and has not been listed in China. In October this year, the company’s white American-style furniture was listed in China. The same series of furniture that the merchants claimed was just a month ago. Taiyuan is listed, so there is no problem with plagiarism design.†Ms. Zhang told reporters that they are direct salesmen in Taiyuan’s furniture market. The company’s direct salesmen are directly from the factory, so they do not make brand marks on furniture products. Only the furniture products sold by a small number of agents of the company have brand logos. “But there are clear brand logos on the outer packaging of our products.â€
To protect the intellectual property of the designer, it is necessary to apply for a product design patent. Subsequently, the reporter contacted the Pingyang Industrial and Commercial Office of Xiaodian District, Taiyuan City. The staff of the Industrial and Commercial Office came to the furniture sales market reported by Mr. Li on the morning of the 17th to investigate. “This afternoon, the relevant person in charge of the furniture market has submitted a quality inspection report for its white American furniture.†Chang said that the country does not specify whether the furniture brand must be marked on the furniture product. The brand of the furniture brand reported has a brand logo on the outer packaging, so it cannot be regarded as a three-no product. “As for infringement and quality issues, further evidence and research are needed.â€
Is the behavior of the merchant infringing the registered trademark right? What kind of conditions can be considered as infringement of the patent right? With these questions, the reporter contacted Feng, a lawyer from Shanxi Huawen Law Firm. “Fake trademarks or counterfeit trademarks, or the same or similar behaviors as other merchant trademarks and designs that have applied for registered trademarks are infringing the registered trademark rights of merchants.†Feng said that the registered trademark does not cover the products under the trademark. Patent design, like the situation encountered by Mr. Li, is not a violation of the registered trademark rights. "If the merchant's product applies for a design patent to the Patent Office, and the Patent Office approves it, the product with the same appearance as the original product in the market will infringe the patent right of its own product." Feng advised the merchant to register the trademark. It does not cover the design of the product. “If a merchant wants to protect his or her rights and interests, he or she must apply to the Patent and Trade Bureau for a trademark application.
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