Said that the "Ma Huantian" logo constitutes trademark infringement Health Heart Company sued for more than 300,000

The plaintiff, Chengdu Jiansin Food Co., Ltd., sued the defendant, Guanghan Superior Taste Industry Co., Ltd. of Sichuan Province, for infringement of trademark rights on the grounds that the "Ma Huantian" logo was used without authorization in pepper oil commodities.
, Haidian court closed the case, the judgment Guanghan Excellent Company immediately stopped infringing on the health care company "masshu day" "ma Huantian" registered trademark exclusive rights, and compensation for health care company economic losses and reasonable expenses of more than 30 million yuan.
the verdict, the defendant appealed, and the Beijing Intellectual Property Court, after hearing the case, rejected the appeal and upheld the verdict.
The plaintiff, Jiansi Company, complained that it was authorized to enjoy the exclusive right to use the registered trademark of the "Ma Ting Tian" and "Ma HuanTian" trademark, and that the approved categories of goods used were 30th categories of condiments, seasonings, etc.
after years of use by the heart-health company, "Ma-Tian" "Ma Huantian" trademark in rattan pepper oil, pepper oil and other series of condiment products have been influential and well-known.
Guanghan Excellent Company in its production and sales of the "Yuxiang Excellent Ma Huantian" brand pepper oil highlighted the use of "Ma HuanTian" logo, and The heart of 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 "ma-turned-day" "ma Huantian" trademark car, in the 29th category of edible oil products and "ma-turned-day" trademark similar to the "Ma Huantian" logo, but deliberately used in the 30th category of "fuji pepper oil" condiments, constitute trademark infringement.
the court, requesting that Guanghan Excellence 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 and rattan pepper oil could not be found on the Nice distinguishing table and were non-standard commodities, both of which were highly similar to edible oil properties, and that mainstream e-commerce platforms sold them in the edible oil category, which was also purchased by the public.
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 focused on whether Guanghan Excellence exceeded the scope of approved goods, the use of its registered trademarks and whether Guanghan Excellence's involvement in the case violated the right to exclusive use of health care company registered trademarks.
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 "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 with the health care company "Ma Huantian" "Ma Huantian" "Ma Tingtian" registered trademarks on the use of similar trademarks, this act infringes on the company's registered trademark exclusive rights.
, 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.
with the continuous development of the economy, operators have gradually realized the importance of trademarks.
reality, there are also cases where some operators use their own registered trademarks on "similar goods or services" in pursuit of maximizing their interests, which involves the question of how to justify the use of registered trademarks by trademark owners.
First, consideration should be given to whether its use of a registered trademark was outside the scope of approval, secondly, whether the use fell within the plaintiff's right to exclusive use of the trademark, and finally, whether the use would lead to misconceptions and confusion between the public.
the use of registered trademarks should be limited to the approved use of goods, care should be taken to avoid the use of registered trademarks beyond the scope, otherwise it may constitute trademark infringement.
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