The “Youlemei” trademark of the electrical appliances has been refuted and quoted the famous in the Tang Dynasty.

The judge asked the plaintiff why Jay Chou’s avatar was always used next to the advertisement. Trial video

Beijing News (Reporter Wang Wei) Mr. Wu in Jiangxi Province applied for the “Youlemei” trademark for milk tea to register on the range hood and other products, and was rejected by the State Intellectual Property Office. As a result, Mr. Wu complained to the court to the court and quoted Tang poetry to prove that “Youle” had already belonged to a fixed vocabulary and should not be over -protected. Today (April 9), the case was tried in the Beijing Intellectual Property Court.

In June 2015, Mr. Wu applied to use the “Youlemei” trademark for air purification devices, range hoods, electric fans and other products. Since then, Guangdong Xilang Group Co., Ltd., which belongs to the milk tea “Youlemei”, has raised objections, and the State Intellectual Property Office rejected Mr. Wu’s application. Mr. Wu then complained to the court to the court.

Mr. Wu sued that the company’s “Youlemei” applied for registration is a “Youlemei” trademark used on electrical appliances such as electrical appliances and other products. It is two very different products. The term “Youle” first came from Liu Zongyuan’s “Tong Ye Feng’s Brother” in the Tang Dynasty. It can be seen that “Youle” is a long -established regulatory vocabulary and should not be too protected. Therefore, Mr. Wu sued the State Intellectual Property Bureau to make a decision again.

According to the State Administration for Industry, the “Youlemei” trademark of Xizhiro has been well known to the public, and since 2011, it has been protected by the “Trademark Law” in accordance with the well -known trademark. Lang Company’s “Youlemei” trademark is similar, so business judges rejected the plaintiff’s application due to the protection of well -known trademarks.

As a third party participating in the trial, Xiro Lang said that after the company launched the “Youlemei” product in 2006, the popular singer Jay Chou was hired as an advertising endorsement to play on major TV stations across the country to make consumers aware of it. Mr. Wu’s U.S. trademark applied for, has been used in actual situation, and Jay Chou’s avatars and photos appeared in the advertisement, but Mr. Wu has no evidence to prove that he has hired Jay Chou to endorse. The above behavior can indicate that Mr. Wu’s maliciousness of the brand name and confusion of the market is obvious.

After an hour of trial, the judge announced the suspension, and the case was not pronounced in court.

School pair He Yan