Trademark dispute in Xinghua village scenic spot

Fenyang, Shanxi and Chizhou, Anhui have been fighting for the trademark of "Xinghua Village" for 8 years. Finally, the State Administration for Industry and Commerce divided the trademark into two parts, Shanxi's "wine" and Anhui's "da". Because of Du Mu's poems, Xinghua Village is famous in ancient and modern times. There are many poems about "Xinghua Village" all over the country, among which Fenyang in Shanxi and Chizhou in Anhui are more famous.

Brewing in Xinghua Village of Fenyang started in the Northern Wei Dynasty, with a history of 1500 years. 1957, Xinghua Village Fenjiu Factory registered the trademark of "Xinghua Village" on alcoholic products. From 65438 to 0997, the trademark of "Xinghua Village" was recognized as a national well-known trademark by the State Administration for Industry and Commerce. Xinghua Village in Chizhou was once a scenic spot in Anhui. At the end of 1997, Guichi District established the strategy of rebuilding and developing the scenic spot of Xinghua Village into a "famous brand of Xinghua Village". From 65438 to 0999, Zhan Xiaorong, a Chinese living in Europe and chairman of the European Chinese Culture Development Group, signed a contract with Chizhou City to invest in restoring the original appearance of Xinghua Village. In May 2000, the reconstruction project of Xinghua Village in Chizhou broke ground. In 2009, Chizhou Xinghua Village Tourist Area was rated as a national 4A-level tourist attraction.

Who is the real owner of "Xinghua Village"? Not only Shanxi Xinghua Village produces famous wine, but Chizhou Xinghua Village is also famous for producing wine. There is an apricot blossom village in the southwest of the city. There used to be a hotel here that also produced famous wines. However, because Shanxi "Xinghua Village" was registered on alcoholic products as early as 1957, it has been used ever since. After some controversy, the local trademark of "Xinghua Village" in Chizhou was renamed as "Xinghua Village". However, what Fenjiu Group didn't expect was that Chizhou, Anhui Province was also building a local scenic spot of Xinghua Village, and the first step was to apply for the registration of the registered trademark of "Xinghua" tourism service. On September 14, 2002, the Trademark Office of the State Administration for Industry and Commerce issued a preliminary notice on the tourism service trademark of "Xinghua Village". For the announcement of preliminary examination, Fenjiu Group has twice raised objections to the Trademark Office of the State Administration for Industry and Commerce. In September 2006, the State Administration for Industry and Commerce ruled that the trademark "Xinghua Village" of Fenjiu Group was approved for liquor products, but it was designated for tourism services by the dissenting trademark "Xinghua Village". Fenjiu Group refused to accept it and filed a review again in February 2007. On June 5438+065438+ 10, 2009, the State Administration for Industry and Commerce issued an objection review ruling to Anhui Xinghua Village Cultural Tourism Development Co., Ltd., and the Trademark Review and Adjudication Board approved the company to register the tourism service trademark of Xinghua Village. According to this ruling, the trademark of "Xinghua Village" was divided into two parts: Shanxi's "wine" and Anhui's "drama".

Lawyers in both places claimed that the lawsuit would win: on March 20th18th10th, Fenjiu Group filed a lawsuit in Beijing No.1 Intermediate People's Court, bringing the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to court. Notify Anhui Xinghua Village Cultural Tourism Development Co., Ltd. to participate in the lawsuit as a third party. "We still have some confidence in this lawsuit." The legal adviser of Fenjiu Group publicly told the media that as early as 1997, the trademark of "Xinghua Village" was recognized as a national well-known trademark, and well-known trademarks across commodity categories were protected by law, otherwise it would constitute infringement of well-known trademarks. Fenjiu Group has formed a lawyer advisory group to deal with this lawsuit. The reporter learned that on the evening of March 2, 2065438, the relevant departments of Chizhou held an emergency special coordination meeting to actively study and deal with the dispute over the registered trademark of "Xinghua Village" tourism service. To this end, Chizhou also specially organized a legal advisory group. "We will not disclose the specific content of our response for the time being, but we will definitely win this lawsuit." A lawyer of the lawyers' group told the reporter.

On June 5438+065438+ 10, 2009, the State Administration for Industry and Commerce sent a ruling to Chizhou City approving the trademark objection review of "Xinghua Village and Map". This 10-year "Xinghua Village" trademark dispute has finally come to an end. At this point, Du Mu's "Xinghua Village" is divided into two parts, "wine" is in Shanxi and "tour" is in Anhui. This seemingly settled matter caused controversy again in March of 20 10. Shanxi Xinghua Village Fenjiu Factory Co., Ltd. refused to accept the trademark objection review ruling of the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, and filed a lawsuit with the Beijing No.1 Intermediate People's Court around 18, bringing the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to court. On March 18, Beijing No.1 Intermediate People's Court issued the Notice of Administrative Proof to Anhui Xinghua Village Culture Development Co., Ltd., and Anhui Xinghua Village Culture Development Co., Ltd. participated in the lawsuit as a third party. The trademark registration of "Xinghua Village" was approved. Mourning day, drizzle like tears; Pedestrians on the road want to die. Excuse me, where is the restaurant? The shepherd boy pointed to Xinghua Village. "The poem Qingming by Du Mu, a poet in the Tang Dynasty, not only left a farewell song for later generations, but also made Chizhou's Xinghua Village famous all over the world, which made Chizhou people have a different feeling for it. From 65438 to 0999, Zhan Xiaorong, a Hungarian overseas Chinese, came to our city and was deeply attracted by the beautiful scenery of Huanggongjing and a red Shiliyan village. " Xinghua Village is the invisible business card of the world and the treasure and wealth of Chizhou. "Zhan Xiaorong started from the cultural and creative industries and started the" Xinghua Village "renovation project with the approval of the municipal government. On May 28th, 20001year, he applied for registration of "Xinghua Village" as a registered trademark of tourism service. Subsequently, we invested in the construction of Xinghua Village Gu Jing Cultural Park and Xinghua Village Tourist Area, and the first and second phases of renovation have been completed. Xinghua Village Scenic Area has been approved by the provincial and National Tourism Administration as a 3A-level and 4A-level tourist area. After ten years, the landscape of a thousand-year-old village reappears in front of the world. On June 5438+065438+ 10, 2009, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce ruled that the trademark was No.2009. The application for 1960307 of Xinghua Village Cultural Tourism Development Co., Ltd. in our city should be approved for registration. Ten-year "apricot blossom village" dispute. Since 200 1, there has been a dispute between Chizhou Anhui Xinghua Village Cultural Tourism Development Co., Ltd. and Shanxi Xinghua Village Winery Co., Ltd., which has aroused widespread concern from all walks of life. Shanxi Xinghua Village Fenjiu Factory Co., Ltd. said in its objection to the State Trademark Office that as early as May 2000, its company had set up "Xinghua Village" wine capital travel agency to undertake sightseeing arrangements. On May 15, 2003, Chizhou Municipal Government issued the Letter on Applying for the Registered Trademark of "Xinghua Village" Tourism Service. Chizhou Municipal Government believes that Shanxi Xinghua Village Liquor Factory Co., Ltd. believes that the "Xinghua Village" in Du Mu's poem Qingming is located in Fenyang County, Shanxi Province, which is a serious violation of historical facts. Du Mu's poem "Qingming Festival" "It rains in succession during Qingming Festival, and pedestrians on the road want to break their souls. Excuse me, where is the restaurant? The shepherd boy points to Xinghua Village. "The rainy season in the novel actually refers to the scene of early spring in the south of the Yangtze River, not Fenyang in Shanxi on the Loess Plateau. The poem refers to the "Xinghua Village" in Guichi, Chizhou City, Anhui Province, which has long been concluded. Since ancient times, only Xinghua Village in Chizhou has been identified as Zhiyuan Village in China. Shanxi Xinghua Village Fenjiu Factory Co., Ltd. raised an objection and re-examined the tourism service trademark of Anhui Xinghua Village Cultural Tourism Development Co., Ltd. approved and registered by the State Trademark Office, all of which were rejected. The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce held that 14757 1, the first applicant of the registered trademark (Shanxi Xinghuacun Fenjiu Factory Co., Ltd.), had been registered before the application for registration of Chizhou Xinghuacun Company, but it was approved for use in the 33rd kind of liquor and alcoholic beverages (except beer) and not for service. The application date of service trademark No.39 No.3287400 "Xinghua Village" trademark is August 28th, 2002, which is later than the application date of the objected trademark (Anhui Xinghua Village Tourism Company filed a registration application with the Trademark Office on May 28th, 2006 +0). Moreover, the service approved for registration (designated for automobile transportation service) is not similar to the service designated for use by the objected trademark (designated for the thirty-ninth kind of travel agency, travel arrangement and other services), which cannot constitute an obstacle to the registration of the objected trademark, and it is ruled that Anhui Xinghua Village Tourism Company enjoys the legal right to use the "Xinghua Village" tourism trademark. However, on March 10, 2065438, Anhui Xinghua Village Cultural Tourism Development Co., Ltd. unexpectedly received the Notice of Administrative Proof from Beijing No.1 Intermediate People's Court. Shanxi Xinghua Village Fenjiu Factory Co., Ltd. refused to accept the trademark objection review ruling No.32351issued by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, and filed a lawsuit with the Beijing No.1 Intermediate People's Court, bringing the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to court. Notify Anhui Xinghua Village Culture Development Co., Ltd. to participate in the lawsuit as a third party. The dispute over the registered trademark of "Xinghua Village" tourism service in our city ruled by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce has been raging again.

Defend legal ownership according to law. From the people to the government, people pay close attention to the dispute over the registered trademark of "Xinghua Village" in Chizhou. After the news came, the leaders of the Municipal Party Committee and the Municipal Government attached great importance to it, and the main leaders of the city made an instruction that "the trademark issue of Xinghua Village involves Chizhou's external publicity and image display, which should be paid attention to". Xinghua Village in Chizhou is a famous historical and cultural village, which enjoys a long-standing reputation at home and abroad. Xinghua Village Scenic Area, which won the title of national 4A-level scenic spot, is an important cultural tourism brand in our city. Defending the legitimate ownership of "Xinghua Village" according to law is a concrete manifestation of being responsible for history and the people, and is of great significance to vigorously develop the cultural tourism industry in our city. Require relevant parties to attach great importance to the disputes over registered trademarks of tourism services in Xinghua Village and make every effort to actively respond to the challenges brought by litigation; We should carefully compare historical documents, carefully study legal provisions, find and actively research various historical materials that "Xinghua Village" belongs to Chizhou, and try our best to provide evidence that "Xinghua Village" originated in Chizhou. We should take this response as an opportunity to carry out extensive publicity activities to make the brand "Xinghua Village" a household name in Chizhou and enjoy a good reputation at home and abroad. Zhan Xiaorong, chairman of Anhui Xinghua Village Cultural Tourism Development Co., Ltd. said that we attach importance to the brand rights and interests of Xinghua Village because it is the regional culture of Chizhou and a valuable asset of the people of the city. We are responsible for people, history and culture. After receiving the lawsuit, he and the company didn't have much concern, because this is an indisputable historical fact and a business card for the development of Chizhou's tourism and cultural industry, which is related to the construction of Chizhou's historical and cultural city and the creation of an international tourist destination, and also related to the evaluation of Chizhou's future generations on history. They will go all out to do a good job, further collect Chizhou historical and cultural materials as evidence and report them to the relevant state departments; Report to the municipal party committee and municipal government in time, and do the corresponding propaganda work. He is very confident and determined to fight for the rights and interests of Chizhou people from the perspective of historical materials and origins, proving that the Xinghua Village written by Du Mu is in Chizhou, Anhui Province, and let Xinghua Village go abroad and go to the world.