In June, 2004, Xiamen Lindong Electronics Company and Hisense Company revealed to the outside world that the trademarks of Hisense and Firefly were registered in Germany by Dr. Siemens and Osram Company respectively. Despite the involvement of the Ministry of Commerce of China and the European Union, Siemens offered Hisense a high transfer price of 40 million euros, and ignored the negotiation requirements of Lindong Group.
HiSense said that Hisense's trademark "Hisense" was officially recognized as a well-known trademark by the State Trademark Office on 1999 10. On the sixth day after that, Bosch-Siemens, a subsidiary of Siemens, registered the trademark "Hisense" in Germany, and the difference with Hisense's trademark was only the middle letter "S". Starting from 200 1, Hisense and Siemens started a five-year trademark dispute. In February this year, Hisense and Lin Dong jointly went to Germany to solve this dispute through legal means. In March, Siemens suddenly reconciled with Hisense and transferred the trademark "Hisense" to Hisense. Thanks to the mediation of the Ministry of Commerce of China and the European Union, Lin Dong and Siemens reached a settlement on the trademark dispute of "Firefly": globally, both parties obtained a trademark right for lighting and electronic components. This high-profile trademark cybersquatting case finally came to an end.
Half of the energy-saving lamps exported by Lindong Company in 2003 were labeled as "fireflies". If OSRAM holds the trademark rights of Firefly in Europe 18 countries, it means that Lindong's energy-saving lamps cannot enter these markets. If the trademark is registered, the blow to Lin Dong will be disastrous. Similarly, for Hisense, a large multinational company, European trademark rights are equally important. Although Hisense and Lin Dong finally regained their trademark rights in Europe, it is not difficult to see that the three-dimensional trademark awareness of China enterprises is not enough. Based on the long-term development of enterprises, the trademark strategy should go ahead and "grab the land" in advance, so as to take the initiative when entering overseas markets.
Moreover, a powerful company like Hisense should have been protected in a certain range around the world through international registration. In WIPO International Bureau, a country's trademark protection through territorial extension is only $50, which is caused by the lack of awareness. As everyone knows, when you stare at other people's markets, others have already stared at your fundamental expansion-trademarks.
(two) the lack of understanding of the value of their famous trademarks, cheap sale or easy disposal caused irreparable losses.
Without a few well-known international trademarks and brands, it is difficult for a country to become an economic power. It is Marlboro, Coca-Cola, IBM, Panasonic, Hitachi, Mercedes-Benz, BMW, Nestle, Pierre Cardin, remy martin and other internationally renowned brands that have pushed the United States, Japan, France, Germany and other countries to the throne of economic power. Over the past ten years of reform and opening up, China's economy has developed rapidly and its achievements have attracted worldwide attention. But it is a great pity that we have not approached international brands, and even our own chi, famous trademarks and brand-name products have been lost and disappeared.
When Chinese enterprises cooperate with foreign enterprises, they don't pay enough attention to their famous trademarks and have a weak sense of protection, which makes the original famous trademarks of enterprises maliciously acquired or intentionally diluted by foreign enterprises in foreign-related economic activities and withdrawn from the market. The famous brands created by enterprises for decades have been completely replaced by foreign brands under the deliberate arrangement of foreign parties, losing market interests. The more urgent problem is that once the trademark license agreement of the corresponding foreign brand expires, China will face an extremely embarrassing situation-if it continues to use it, it will face high license fees and be subject to people forever. If you don't use it, you will have to invest heavily to build a brand again, which may not be successful, thus being at a disadvantage in the competition with foreign brands.
In practice, the foreign party may adopt the following ways: First, both trademarks are in use, but the main products and new products use foreign trademarks, and the old products only use the original brand of China. The foreign party will gradually push the original China brand out of the market through product upgrading, so as to completely control the domestic market in China in terms of trademark rights. For example, in the beverage industry, the so-called "eight famous brands", except Jianlibao and Zhengguanghe, the other six have joint ventures with Coca-Cola and Pepsi. The way of joint venture is foreign holding, and the brand is used by two companies. In the washing powder industry, Shanghai's "White Cat", Guangdong's "Gao Fuli" and "Zhong Yi" are all controlled by foreign parties after the joint venture. They use the production capacity and sales channels of well-known domestic brand manufacturers to promote their high-priced "blue waves" and "tides" and put our well-known brands in the cold. After the joint venture between Guangzhou Soap Factory and the United States, Jiehua brand soap was quickly replaced by Head & Shoulders and Pan Ting. Second, simple investment leasing, capital discount or purchase, shelved. A few years later, people have forgotten all about these traditional famous brands. It is too late to wait for the Chinese dream to wake up and redeem it at a high price. "Meijiajing" toothpaste, "Jinghua" tea and so on have all gone through this road of no return.
In foreign-related economic activities, newly developed technologies, developed technologies, newly used trademarks and newly produced works are of course constantly emerging. How to define the way of intellectual property protection is a big problem related to the survival and development of enterprises for China manufacturers in foreign-related economic activities, which can not be ignored. As a manufacturer in China, we should actively strive to determine the ownership of newly generated intellectual property rights as our own, and take various measures to effectively protect them. China National Intellectual Property Administration should apply for patent protection in time; For technical information and commercial information that are not suitable for patent protection, trade secret protection shall be adopted for processing; Newly established brands should apply for trademarks in their own names in time and so on.