Hengyyuanxiang charged for trademark infringement

Post time:01-05 2010 Source:IPR in China Author:
tags: Hengyyuanxiang
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It is learnt days ago that, the exclusive right owner for the figurative mark for the "羊 (Chinese character for goat)" Yu Wenqing sued Hengyuanxiang Group in Beijing No.2 Intermediate People's Court and claimed for over 10 million yuan's compensation, and reported the case to departments for industry and commerce in Beijing, Jiangsu and other places at the same time. However, Hengyuanxiang counterclaimed for copyright infringement and preemptive registration, and file an opposition to the trademark before State Administration for Industry and Commerce (SAIC).

The figurative mark for the "羊" is registered on Class 25, including knitting garments, shoes, hats and so on. In 2001, Yu Wenqing made some decorations for the word "羊" taking from the Oracle and applied for trademark registration, and was approved in 2003, said Yu. In 2004, Yu got the ownership of the trademark from his company.

Yu pointed out that, in August 2009, he found that Hengyuanxiang Group put the said trademark on their T shirts and other kinds of garments without his permission. After the notarization for the infringing products, Yu brought the suit in Beijing No.2 Intermediate People's Court. At present, the case was accepted.

According to Yu's lawyer Liu Ming, Hengyuanxiang has brought a suit against Yu in Changshu People's Court for copyright infringement. Hengyuanxiang said, the trademark logo was created in 1997 by itself and registered copyright in November 2002. Thus, Yu's trademark registration infringed its copyright. Hengyuanxiang claimed for 4,000 yuan and apology.

The case will be heard late in January. [Chinese version is available on Beijing Times]

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