It was fined 2.83 million Valley small wines due to a sentence "Niu Qi": trademarks have been announced invalid, and the regulatory cancellation of punishment

Author:Daily Economic News Time:2022.06.21

Due to the phrase "beef", it was almost fined 2.83 million Internet emerging drinking wine brands Valley wine, and was eventually decided to revoke the punishment by the regulatory authorities. Recently, Gu Xiajiu received the "Revisible Administrative Penalty Decision" issued by the local market supervision department.

The decision shows that the State Intellectual Property Office issued a ruling on April 22 this year, announcing that the trademark of "beef is sky" was invalid. On May 16, the local market regulatory bureau received relevant rulings, so it decided to revoke the previous administrative penalty decision to be issued in accordance with the relevant provisions of the Trademark Law.

Earlier, the reason why Gu Xiaoli was regulated and penalized was 2.83 million yuan, which was involved in a trademark infringement dispute. This dispute stems from January last year, Gu Xiaoshi's pushing a zodiac product- "Gu Xiaoliu • Beef Chongtian Wine". At that time, Gu Xiajiu also brought Luo Yonghao to bring goods for this wine and achieved good sales.

However, in March last year, Gu Xiajiu was held by the "beefness" trademark holding Fang Binzhou Yipin Tianxia Liquor Co., Ltd. (hereinafter referred to as Yipin Tianxia Liquor) accused the infringement and reported to the local regulatory authorities. However, the allegations of trademark infringement do not agree with Gu Xiaosan.

From the perspective of Guxiaoshi's wine, "beefness" belongs to the saying, does not have significant, does not have identification functions, and the registered behavior of the wine industry in the world is not just kind; and the "Gu Xiaojiu" brand is high Goodwill and popularity, the company has no subjective intentions of infringement or attachment of goodwill.

On the other hand, the "rights protection" motivation of Yipin Tianxia Liquor has also been questioned by Gu Xiaojiu. Gu Xiaoman wrote on the official WeChat in March this year that the trademark of "Bulls and Sky" has not been used by the world's wine industry, and the commodity approved by the "beefness" trademark registered by the world's wine industry does not include the "liquor" category In order, it is not confusing as the company's control of the goods involved in the case.

Earlier, the wine industry has also registered as a trademark such as "bullishness", "talent high -top fighting", and "recruiting money into treasure", and asked other companies for "compensation". Gu Xiajiu said that during the communication between the company and the world's wine industry, the other party also proposed a 500,000 yuan "authorization fee" solution, but was rejected by the company.

In fact, according to media reports, in addition to Gu Gujiu, Sichuan Guangliang Brewery Co., Ltd. and Shandong Lanling Wine Co., Ltd. also had similar encounters. However, the two companies later signed the "Trademark Authorization Agreement" and "Registered Trademark Use License Contract" with Yipin World Wine Industry, respectively, and obtained the "bullishness" trademark right at a price of 20,000 yuan and 8,000 yuan, respectively.

"The attitude of our boss is very determined. I feel that this kind of atmosphere is not good, but we will not give a penny." On June 21, the relevant person of Gu Xiajiu said in an interview with the reporter of the Daily Economic News.

In order to protect rights and interests, March this year, Gu Xiaojiu proposed to the Trademark Office of the State Intellectual Property Office to withdraw the "beefly" trademark for three consecutive years without registered trademarks and invalid declarations. In the end, on April 22 this year, the State Intellectual Property Office made a ruling, announcing that the trademark of "beef is skyrocketing" was invalid.

However, before the State Intellectual Property Office made a ruling, in the context of the effective background of the "beefness" trademark, the local market supervision department was fined 2.83 million yuan on the small wine in March this year based on the current law. The reason is that Gu Xiaojiu • Beef Chongtian Wine Commodities did not obtain the authorized or transferred license of the world's wine industry without obtaining the "beef." Cooperating with the investigation, the regulatory authorities decided to punish them lightly.

Later, Gu Xiajiu posted on the official WeChat, telling the ins and outs of the incident, which aroused external attention. At that time, Gu Xiaosan also said that the fine may cause the company to fall into a huge operating difficulties.

But the fine was not paid in the end. According to the reporter's understanding, under the coordination of the relevant local departments, and considering the actual situation of Gu Xiajiu, the fine of Gu Xiajiu was slowed. Until April 22, things changed again.

Cover picture: Daily Economic News Liu Guomei Photo

Daily Economic News

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