The sign uses "fire"

100000 claims

How to crack the infringement of catering industry?

Introduction

Fire bar is a well-known catering chain brand in Lanzhou. After its establishment, it has opened several branches in the local and surrounding cities, which are loved by local young customers. There has also been a "fire bar wind" in Lanzhou.

01

"Fire bar" trademark registration

The trademark of "fire bar" is the original creation of Lu, the founder of the brand. In 2003, the trademark was applied to the Trademark Office of the Administration for Industry and Commerce for registration. In 2006, it was officially approved and a trademark registration certificate was issued.

By January 2015, another catering operator, Yang, without permission, applied the word "fire bar" and trademark to his signboard and online marketing. In order to protect his rights and interests, Lu took yang to court, asked him to immediately stop his infringement and claimed 100000 yuan.

On October 20, the court of Chengguan District of Lanzhou city held that the defendant's behavior was enough to make the public have a wrong understanding and belonged to infringement. Finally, after the mediation of the court, Yang needed to compensate Lu for the economic loss of 80000 yuan.

02

There are so many infringement cases. Why?

For a long time, there have been countless cases of infringement in the catering industry. Why?

1. Catering enterprises do not have strong awareness of trademarks and brands

Many catering bosses don't pay enough attention to their own trademarks or brands. At the beginning, they only focus on opening stores and doing business. When they want to expand, they find that the trademarks are registered. The other party even asks you to pay for the trademarks. Some are beaten upside down and turn the genuine ones into fake ones. If they don't give money, they can only change the brands. Finally, the brands they manage hard make wedding clothes for others.

2. The illegal cost of catering industry is too low

Many catering brand trademarks have been counterfeited and sued for compensation. The compensation is not as much as the franchise fee of a store charged by the other party. On the contrary, the litigation process for catering enterprises to protect their rights is too long and cumbersome. With the process of obtaining evidence, finding a lawyer and appealing, thousands of fake brand stores may have been opened. Therefore, many brands have basically given up safeguarding their rights.

03

Safeguarding rights is urgent

Catering Shanzhai is too common, and safeguarding rights is urgent

Similar situations are not uncommon in well-known food enterprises. It can be said that most well-known catering enterprises in the catering industry have the tragic experience of being imitated, copied or copied by others.

Trademark infringement cases occur frequently in the catering industry. When master Bao, Meng Ziyuan and Yemei encounter Shanzhai and trademark infringement, what is the correct solution?

In the past, the infringed food enterprises may choose not to defend their rights and not to sue because they are too troublesome and difficult to collect evidence. However, in recent years, many food enterprises with high legal awareness have used legal weapons to protect their own rights and interests.

In case of infringement, you can bring a lawsuit to the people's court or request the administrative department for Industry and commerce to deal with it. If a person commits serious acts such as using the same trademark as his registered trademark on the same commodity without permission, or forging or manufacturing without authorization, which constitutes a crime, he may report to the public security and be investigated for criminal responsibility according to law.

It is suggested that all catering bosses must remember one sentence: the market has not moved, the trademark first! Trademark registration must be early. The first step to eliminate being copycat is to register the trademark in advance and strangle the copycat in the cradle. However, when you find that your brand is copied or imitated, you must know how to raise the weapon of the law to protect your rights and interests, and never tolerate it!

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