Said that the "Ma Huantian" logo constitutes an infringement of The heart of the company sued to be compensated

China Court News because of the "Ma Huantian" logo was unauthorized use in pepper oil commodities, Chengdu Jiansin Food Co., Ltd. on the grounds of infringement of trademark rights dispute, Sichuan Province Guanghan Excellent Taste Industry Co., Ltd. to court.
days ago, the Haidian District People's Court of Beijing closed the case, ruling that Guanghan Excellent Company immediately stopped infringing on the right to exclusive use of the registered trademarks of The Heart Company, and compensated The Heart Company for economic losses and reasonable expenses of more than 300,000 yuan.
the verdict, the defendant appealed, and the Beijing Intellectual Property Court, after hearing the case, rejected the appeal and upheld the verdict.
plaintiff, Jiansi Company, claimed that it was authorized to enjoy the exclusive right to use the registered trademark of the "Ma-Tian" and "Ma Huan-Tian" trademarks, and that the approved categories of goods used were 30th-class condiments, seasonings, etc.
after years of use by the heart of the company, "mastodor day" "ma Huantian" trademark in rattan pepper oil, pepper oil and other series of condiment products, has had influence and visibility.
Guanghan Excellent Company in its production and sales of "Yuxiang excellent Ma Huantian" brand pepper oil, highlighting the use of "Ma HuanTian" logo, and the company's "Ma Huan Tian" "Ma Huan Tian" trademark constitutes the same or similar goods on the approximate trademark.
Guanghan excellent company to borrow the "mastodor" "ma Huantian" trademark car, in the 29th category of edible oil products and "masto" trademark similar to the "Ma Huantian" logo, but deliberately used in the 30th category of "fuji pepper oil" condiments, constitute trademark infringement.
requested that Guanghan Premier immediately stop infringing the plaintiff's right to exclusive use of registered trademarks, and compensate Jianshing for economic losses of 3 million yuan and reasonable expenses of 8500 yuan.
defendant Guanghan Excellence argued that pepper oil, rattan pepper oil can not be found on the Nice distinguishing table corresponding goods, is a non-standard commodity, the two and edible oil properties are highly similar, the mainstream e-commerce platforms have classified it as edible oil category, the relevant public also purchased under this category.
To pepper oil, pepper oil, pepper oil are extracted from edible oil hemp flavor obtained, the most important raw material of the product is edible oil, and its use in the 29th category of the right to exclusive use of registered trademarks is not malicious, is to regulate the use of registered trademarks.
the use of registered trademarks in category 29 edible oils and fats does not constitute infringement.
court heard that the dispute in this case is whether Guanghan Premier used its registered trademark beyond the scope of approved goods, and whether Guanghan Excellence's involvement in the case violated the right to exclusive use of the registered trademark of Jianxiang Corporation.
exclusive rights to registered trademarks, to the limits of approved registered trademarks and approved goods for use.
Guanghan excellent company production and sale of goods for pepper oil, raw materials for pepper, the practice is to extract pepper through extraction of aromatic, flavored substances, add an appropriate proportion of edible vegetable oil dilution, mainly used in food needs to highlight the flavor and aroma, should be determined that the category of pepper oil belongs to the condiment goods.
addition, Guanghan Excellence Company has registered the "Yuxiang Excellence" trademark, which is registered in the 30th category, including pepper oil, rattan pepper oil, etc.
, Guanghan Excellent Company is aware that pepper oil does not fall within the scope of category 29 commodities.
Because pepper oil is a condiment, and Guanghan Excellence Company "Ma Huantian" trademark registered in the 29th category, this category does not contain pepper oil, so Guanghan Excellence company to use "Ma Huantian" beyond its own registered trademark approved goods.
Guanghan excellent company on the pepper oil products highlighted the use of the "Ma HuanTian" logo, the logo and the company's registered trademark "Ma Huantian" call the same, similar font, constitute an approximate logo, and "Ma Huan Tian" font, etc. are similar, constitute an approximate trademark.
Guanghan Excellence Company in the same category of goods approved for use as the registered trademarks of the health care company "Ma Huantian" "Ma Huantian", the use of its trademark similar to the logo, infringes the right to exclusive use of the registered trademark of the company.
, the court ruled that Guanghan Excellent Company should immediately stop infringing on the exclusive right of the registered trademark of Health Heart Company, "Ma Huantian" and "Ma Huantian", and should bear the corresponding legal responsibility.
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