Re-registration after transfer actually constitutes infringement.

Not long ago, the people's court of Wuhu Economic Development Zone made a judgment on a trademark infringement case, which was an act of a private kitchen and fishing village hotel company to register the exclusive right to use a trademark.

In 2006, Nanjing Fishing Village Hotel Company, as the plaintiff, was established in Nanjing, and registered the trademark "Jiangyan" on 20 15, and invested funds for practical use and publicity. The defendant registered "a private restaurant in Jinghu District" on 20 12 as an individual industrial and commercial household. Its business scope is in Wuhu City, Anhui Province, and the words "Jiangyan" are used on shop signs or menus. However, after reaching an agreement with Liu on 20 16, the private restaurant was transferred to Liu. On July 20 16, "A certain private restaurant in Jinghu District" was cancelled and re-registered in August. The scale, address and mode of operation have not changed.

20 16 the plaintiff formally preserved the defendant's infringement by taking photos and notarization. He believes that the defendant's unauthorized use of the registered trademark of "Jiangyan" belongs to trademark infringement and constitutes unfair competition, and requests the court to judge the defendant to stop the infringement and compensate the economic losses and reasonable expenses of * * * 654.38+10,000 yuan.

The court held that the individual industrial and commercial household had been cancelled after the transfer, and the store's civil subject qualification had disappeared. Although the re-registered storefront is the same from the outside to the inside, the newly established individual industrial and commercial households cannot inherit the original rights and obligations, so the defendant's prior rights are not established. At the same time, the plaintiff and the defendant are far apart, the influence of the plaintiff has not yet reached Wuhu, and the business premises of the two sides are different, so there will be no unfair competition. Although the trademark infringement could not be proved, it was the defendant who used the plaintiff's registered trademark and ordered him to stop using the "Jiangyan" trademark.

Comment on Bajie's understanding of property: the defendant should transfer and re-register individual industrial and commercial households, but he cannot inherit the original rights and obligations. Because they are far away, their influence has not reached the other region, so unfair competition cannot be formed. The defendant used "Jiang Yan", and there was no situation of hitchhiking beside famous brands.