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Shenzhen Nanshan Court Concluded BELLE Trademark Infringement Case

2010/9/28 11:44:00 81

September 28th, recently, the Nanshan District people's Court of Shenzhen City, Guangdong province concluded the law according to law.

BELLE

"Trademark infringement case", ordered the defendant to immediately stop selling infringement of the plaintiff's "BELLE" trademark exclusive right.

commodity

In the ten days after the judgment comes into effect, the plaintiff will compensate the plaintiff for the economic loss of 15000 yuan.

The court found that in July 28, 2002, Lihua shoes company was approved by the State Trademark Office.

Trade

The company has approved the registration of the 1815147th letter brand "BELLE" and approved the use of commodities in twenty-fifth categories, including shoes and sports shoes. The validity period of registration is from July 28, 2002 to July 27, 2012.

In February 21, 2004, approved by the State Trademark Office, the plaintiff obtained the Trademark No. 3086374th, "BELLE", which was approved and registered, and approved the use of commodities in twenty-fifth categories, including shoes, boots and belts. The validity period of registration was from February 21, 2004 to February 20, 2014.

In January 28, 2007, approved by the State Trademark Office, the plaintiff obtained the 3809517th letter trademark "BeLLE", and approved the use of commodities in twenty-fifth categories, including shoes, boots, sports shoes, sandals, slippers and tourist shoes. The validity period of registration is from January 28, 2007 to January 27, 2017.

In September 22, 2009, Shenzhen notary public surveyor Dong Mou, notary office staff, Mo Mou and the applicant Lihua Shoes Trade Co., Ltd. entrusted the agent xiaomou and Liu to come to a foreign trade shoe store near the subway station near the window of the world. Xiao and Liu bought two pairs of women's shoes (a pair of BELLE shoes and a pair of Staccato shoes), and got a receipt on the spot. After shopping, they took two photos of the shop.

After the purchase, the notaries sealed the goods.

In accordance with the above process, the notary office has produced (2009) Notarial Certificate No. 150581st.

In the trial, the boxes and seals attached to the notaries were dismantled at the scene.

leather shoes

A pair of shoes is marked with "BELLE" trademark.

The court held that, according to the relevant evidence of the trademark registration certificate submitted by the plaintiff, the plaintiff is the trademark owner of the trademark "BELLE" and "trademark BeLLE" of No. 1815147th, and the exclusive right to use the trademark shall be protected according to law in the validity period of the trademark mentioned above, and no organization or individual shall infringe upon it.

According to article fifty-second (1) and (two) of the Trademark Law of the People's Republic of China, "the act of using the same or similar trademark on the same commodity or similar commodity without the permission of the trademark registrant" and "selling goods that infringe the exclusive right of the trademark" are infringed on the exclusive right to use registered trademarks.

The women's shoes sold by the defendant belong to the registered trademark of the plaintiff and the scope of commodities approved for use. At the same time, the marks highlighted in the preceding commodities are the same as the plaintiff's registered trademarks and are not permitted by the plaintiff. Therefore, the commodities mentioned above are commodities that infringe the exclusive rights of registered trademarks.

The evidence cited by the defendant does not have the power to prove the legal origin of the goods mentioned above, so the act has constituted a trademark infringement. The defendant should bear the corresponding liability in addition to stopping the infringement immediately.

The court made the decision.

At present, the verdict has been legally effective.