2006 years 7 month, Wang Zhihe Group to Germany trademark registration found, Wang Zhihe preserved beancurd, condiment, Sales service class three trademark was registered by German Oke company. 2007 years 1 month, After the two sides failed to negotiate, Wang Zhihe filed the lawsuit against Omega Chi in Munich District Court, To pursue his trademark rights. This is the first case of Chinese time-honored enterprises protecting their rights overseas after China joined the World Trade Organization, First occurred in 2006 years 7 month.

At that time, Beijing Wang Zhihe Food Group to Germany trademark registration found, Wang Zhihe preserved beancurd, condiment, The sales service Class 3 trademark has been approved by its German sales agent Okai Import and Export in the German Patent and Trademark Office 30570147 Number registration. The two sides failed to negotiate, so, 2007 years 1 month, Wang Zhihe Group filed a lawsuit against Omega Chi in Munich District Court, Pursue trademark rights. That year 11 month 14 day, The court ruled at first instance, Request Omega Chi to ban this trademark, And cancel the trademark registration. Omega Chi disobedience, in 2008 years 2 The month appealed to the Munich High Court.

2009 years 4 month 23 Sunday morning, The Munich High Court No 29 The civil court has handed down a verdict of second instance in the case of the illegal registration of Wang Zhihe trademark, a century-old Chinese brand, The verdict of the first instance is upheld, Call for a counterregister--Okai Import and Export Co. stopped using the Wang Zhihe trademark in Germany, And revoking the Wang Zhihe trademark it had registered in Germany. Wang Zhihe's German lawyer said, Under normal circumstances, This judgment is final, So far, Wang Zhihe has won the trademark rights case. The ruling rejected Omega Chi's appeal, The result was not what the parties had expected. Wang Zhihe's German lawyer Wolfgang Feustel-Witke told reporters, Wang Zhihe's main goal is "Prohibited mark" and "deregistration" , This goal has been achieved. Gao Fa's ruling detailed, If the other side doesn't honor the judgment, Continued use of trademark, He will be fined 25 Ten thousand euros, Or imprison the person in charge 6 month. In theory, though, The other side can also appeal to Germany's federal court, But such civil cases are highly unlikely to be heard. Another issue of the ruling was legal costs, Calculation result, Omega Chi undertakes the contract 60%. Witke said, He had asked Wang Zhihe for damages, But no appreciable loss has been incurred, The High Court did not support it. The reporter asked Witke about the application of the law. He said, The case was decided under Germany's anti-unfair competition law. but, Wang Zhihe Group was not registered in Germany before the crime, Therefore, the lawyers also made full preparations for the trademark law and other relevant legal basis.

The biggest implication of this case is that, If a Chinese enterprise with a well-known trademark intends to expand its market abroad, Trademarks should be registered abroad first. For example in Germany, It should be registered with the German Patent and Trademark Office. According to German law, If it turns out that others have registered similar trademarks, Can be in 3 File directly with the other party through the Patent and Trademark Office within a month "objection" , It's relatively simple to deal with, Save money. If you pass 3 month, It is subject to legal proceedings.

source: Zhinan needle