March 29, 2021

(Pictures from Internet)

Recently, the Shanghai intellectual property court (hereinafter referred to as the Shanghai Intellectual Property court) ruled on Shanghai Guanshengyuan food co., LTD. (hereinafter referred to as the Shanghai Guanshengyuan company) and the district of chengdu Guanshengyuan food co., LTD. (hereinafter referred to as the new Guanshengyuan company) the infringement trademark rights and unfair competition disputes cases, maintaining the first-instance judgment, ordered new born Guanshengyuan company immediately stop the infringement Shanghai Guanshengyuan "", "" and "" the right to exclusive use of a registered trademark act, compensation for the economic losses and reasonable costs 500000 yuan.

Shanghai Guanshengyuan Company sued alleging that Xindu Guanshengyuan Company registered "Guanshengyuan" as the name of the enterprise, which constituted unfair competition. The company shall be ordered to change the enterprise name within a time limit, and the enterprise name after the change shall not contain the words "Guanshengyuan". The company shall compensate for the economic loss and reasonable expenses totaling RMB 5 million.

Xindu guanshengyuan company argues that its use of the word "guanshengyuan" as the enterprise name for industrial and commercial registration is restricted by administrative divisions, and does not have the intention of climbing.

The first-instance court believed that new crown park company registration, the use of "Guanshengyuan" font size constitute trademark infringement, so ordered Guanshengyuan company immediately stop the infringement to the exclusive use of a registered trademark of Shanghai Guanshengyuan company economic loss compensation and reasonable costs 500000 yuan, dismiss the Shanghai crown garden other claims of the company.

Shanghai Guanshengyuan Company refused to accept the first instance judgment, to the Shanghai Zhiqian Court of appeal. The Shanghai court rejected the appeal and upheld the original verdict.

Source: Shanghai Intellectual Property Court