Wenzhou Shoe Brand "Wow Ha Ha Betty" Is Suspected Of Being A Famous Brand.

　　 Wenzhou The owner of a shoe company has applied for the trademark "Wahaha Bedi" as the brand of shoes. The trademark was challenged by the "big man" of the domestic beverage industry, the Hangzhou Wahaha Group, and the Trademark Review Committee of the State Administration for Industry and Commerce (hereinafter referred to as the "national business jury") applied for the cancellation of the trademark. Subsequently, the National Business Review Committee made a "support" ruling to remove the trademark. Wen boss refused to accept the ruling and filed a lawsuit with the first intermediate people's Court of Beijing. Yesterday, the administrative lawsuit was opened in court of first instance, and no sentence was pronounced in court.

　 Wahaha Group objected

Mr. Zhang, aged 34, is a small family in Xiushui County, Jiangxi Province, Wenzhou. footwear industry Company. In May 2006, Mr. Zhang applied for the registration of "wow ha Bedi" trademark to the national business appraisal committee. After examination, announcement and other procedures, in August 2009, the national commercial Appraisal Commission awarded Mr. Zhang "wow haha Bedi" trademark certificate to Mr. Zhang. The registration certificate shows that the trademark uses commodities as "twenty-fifth categories", that is, shoes, clothing, hats, socks, etc., for a period of 10 years.

Mr. Zhang used the trademark for less than 1 years, and the Hangzhou Wahaha Group has raised an objection. In July 2010, he filed a dispute application with the national business jury. He thought that "wow ha Bedi" imitated "Wahaha", which was easy to mislead the public and hurt his interests, and demanded the cancellation of the "wow ha Haberdi" trademark.

In October last year, the national business review committee ruled that the controversial trademark ("wow ha Bedi") was revoked.

　 The plaintiff said there was no malicious imitation.

After receiving the ruling of the State Commercial Commission, Mr. Zhang filed a lawsuit against the first intermediate people's Court of Beijing in December last year, suing the national business jury and the Hangzhou Wahaha Group as the third person.

In his indictment, Mr. Zhang said that the reason why the State Commercial Commission made the decision to revoke its trademark was not valid. "Wahaha Bedi" trademark and the Wahaha brand of Hangzhou Wahaha Group are not similar in terms of textual structure and literal meaning. In addition, his trademark used goods are different from each other.

In his trial yesterday, Mr. Zhang said that the "wow haha" and "Wahaha" pronunciation in his trademark are the same, but the meaning of "wow" and "baby" is totally different. His trademark is intended for children's songs "Wahaha" which was sung in the early years of our country, and had nothing to do with "Wahaha". "I do not have any malicious imitation behavior at all."

　　 The court will decide on a date.

Hangzhou Wahaha Group said, "Wahaha" trademark was registered in 1991, the earliest used in children's nutrition liquid, drinks and other products, now has a high reputation at home and abroad. The group's Hangzhou Wahaha children's Clothing Co., Ltd. was founded in 2002. In 2003, the "Wahaha" trademark was in the twenty-fifth category. clothing The use of goods such as hats and hats has also been registered, and has gained a high reputation in the field of clothing. Mr. Zhang's "wow haha Bedi" trademark, which is basically the same as "Wahaha", has great relevance. And in pronunciation, "wow ha" and "Wahaha" are easy to confuse consumers, or even mistaken "wow haha Bedi" is a series of products of "Wahaha" trademark. The decision of the State Commercial Commission to revoke the "Wahaha Bedi" trademark is correct and should be maintained, and the court is requested to dismiss the plaintiff's claim.

The national business communique said that the ruling made by Mr. Zhang was carefully and comprehensively investigated and tried. Trademark law The ruling procedure is legal, accurate and applicable.