Among the many apple varieties, the rock-sugar apple from Aksu Prefecture in Xinjiang Uygur Autonomous Region is popular among consumers for its crisp, sweet taste. However, in the face of the market sales of a wide range of beautiful things in eyes "Aksu Apple", many consumers will have such confusion: which is authentic? Recently, the Fujian Provincial High People's Court (hereinafter referred to as the Fujian Provincial High Court) concluded a dispute involving the infringement of Aksu Apple's geographical indication certification trademark.
Because think quanzhou city in fujian province, some fruit business (hereinafter referred to as a firm) on the sales packaging bearing the words "aksu" apple behavior such as alleged infringement of the association has 5918994 "aksu text and figure" geographical indication prove trademark rights (hereinafter referred to as the geographical indication marks involved), aksu area apple association (hereinafter referred to as akzo apple association) will the firm sued to the court, and claim the economic loss. However, the first instance court did not support the Aksu Apple Association's lawsuit request that a firm did not constitute infringement. Subsequently, Aksu Apple Association filed an appeal. Recently, the Fujian High People's Court made a second judgment on the case, confirming that a firm's prominent use of "Aksu" on Apple products would cause the public to mistake it for being related to the geographical indication certification trademark, which constituted trademark infringement. The firm should stop the infringement and compensate for the economic loss of 5,000 yuan.
In the eyes of industry insiders, the above case is a typical case of dispute over the infringement of geographical indication certification trademark. The judgment of the second instance of this case not only clarified the protection scope of the geographical indication certification trademark involved in the case, but also had strong enlightenment significance for the trial of such cases, and also helped consumers to buy authentic Aksu Apple.
From: China Intellectual Property News
Date: March 16, 2021
